Uber faces a new complaint filed by drivers demanding to see the computational algorithms and data collection practices that shape their corporate profile.
The legal claim, filed on Monday in Amsterdam, is being brought by UK with the support of the International Alliance of App-Based Transport Workers (IAATW), Exchange Worker Info and the Drivers and Couriers Union (ADCU), including Uber and Deliveroo.
Headed by lawyer Anton Ekker, the complaint alleges that Uber failed to “provide access to data and [a] explanation of algorithmic management as required» by the EU General Data Protection Regulation (GDPR).
Furthermore, the unions claim that Uber maintains “secret driver profiles” that include performance rankings based on work such as delayed arrivals and ride cancellation rates and behavioral issues.
“This contradicts Uber’s insistence in numerous legal challenges to misclassification in many countries around the world that drivers are self-employed and not subject to management control,” the complaint states.
The unions intend to argue that the service does not provide workers with their data, and the lack of access to their profiles and the algorithms used to determine their work, could allow discrimination or unfair practices.
To resolve this issue, the plaintiffs seek the creation of a “data trust” in which information collected by Uber about drivers would be made available to unions for the purposes of “collective action [and/or] bargaining.”
The district court in Amsterdam will also be asked to fine Uber 10,000 for each day the company allegedly fails to comply with data protection laws
A CrowdJustice campaign has been launched to fund the legal action, and UK and EU Uber and Uber Eats drivers are being invited to join the case. During a campaign video outlining the basis of the complaint, Yaseen Aslam, the president of the IAATW, commented:
“Uber says that we are the boss of ourselves, but the app does everything for us. We have rights concerning our data and we have the right to know how Uber's machines manage us.”
“Our privacy team works hard to provide any requested personal data that individuals are entitled to,” an Uber spokesperson told The Guardian. “We will explain the circumstances in which we cannot provide certain data, such as when it does not exist or where we believe that disclosing it would violate another individual’s rights under the GDPR.”
In 2018, Uber was fined $1.2 million by the Dutch Data Protection Authority and the UK Information Commissioner's Office (ICO) for failing to protect consumer during a 2016 breach.
