“The court ordered that Uber must explain how driver personal data and profiling is used in Uber’s upfront, dynamic pay and pricing system. (And also to a right to meaningful human review if they object to decisions.) Several decisions taken by the ride-hailing platforms were found to meet the relevant legal test of automated decision-making - including assigning rides calculating prices rating drivers calculating ‘fraud probability scores’ and deactivating drivers’ accounts in response to suspicions of fraud - meaning drivers are entitled to information on the underlying logic of these decisions. In the data access cases drivers were seeking information such as passenger ratings, fraud probability scores, earning profiles, as well as data on the allocation of journeys to drivers - including Uber’s batch matching and upfront pricing systems - as well as information about the existence of automated decision-making touching their work on the platforms. One case against Uber’s robo-firings involved four drivers (three based in the U.K., one in Portugal) a second case against Uber over data access involved six U.K.-based drivers while a data access case against Ola involved thee U.K.-based drivers. The appeal was brought by the not-for-profit data trust Worker Info Exchange (WIE) in support of members of the App Drivers & Couriers Union (ADCU) in the U.K. The appeal court rulings can be found here, here and here (in Dutch). Although challenges remain for regional workers to use existing laws to get enough visibility into platforms’ data processing to know what information to ask for to be able to meaningfully exercise their data access rights. The court also ruled the platforms cannot rely on trade secrets exemptions to deny drivers access to their data. In a major win over opaque algorithmic management in the so-called gig economy an appeals court in the Netherlands has found largely in favor of platform workers litigating against ride-hailing giants Uber and Ola - judging the platforms violated the drivers’ rights in a number of instances, including when algorithms were involved in terminating driver accounts.
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