October 30, 2020
The GDPR’s Article 22, which gives individuals the right to receive an explanation of why an "automated decision" was made about them, is undergoing its first major test as Uber is under fire for “robo-firing” drivers.
The App Drivers & Couriers Union (ADCU), is going to court in the Netherlands accusing the taxi hailing app, Uber, of using automated "robo-firing" algorithms to dismiss drivers.
The ADCU says that since 2018, it has seen well over 1,000 individual cases where drivers have allegedly been wrongly accused of fraudulent activity and immediately had their accounts terminated without a right of appeal.
Uber told the BBC that drivers' accounts were only deactivated following manual review by humans.
Takeaway: Significant liability issues under the GDPR may accompany the use of automated decision-making tools regarding workers. As the U.S. considers comprehensive consumer data legislation, the same may soon be true in the States.