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International: ADCU files legal challenge against Uber for dismissal of drivers by algorithm in UK and Portugal
The App Drivers & Couriers Union ('ADCU') announced on, 26 October 2020, that it had filed a legal challenge against Uber Technologies Inc. for the dismissal of drivers by an algorithm in the UK and Portugal. In particular, the ADCU noted that it had filed a complaint with the District Court of Amsterdam on behalf of three drivers from the UK, that the International Alliance of App-based Transport Workers ('IAATW') is supporting the claim of a fourth driver from Lisbon, Portugal, and that the drivers are represented by Ekker Advocatuur. In addition, the ADCU noted that the case will test the extent that the UK Data Protection Act and Article 22 of the General Data Protection Regulation (Regulation (EU) 2016/679) ('GDPR') can protect individuals from unfair automated decision-making, specifically, individuals have the right to certain protections from automated decisions which create negative affects but are carried out without meaningful human intervention. Furthermore, the ADCU highlighted that the drivers' complaints pertained to dismissals resulting from, among others, Uber systems' detection of irregular trips associated with fraudulent activities in one case, and the installation and use of software with the intention and effect of manipulating the Uber's Driver App in another case, and after these two instances the drivers were dismissed, given no further explanation, and denied the right to appeal.
You can read the ADCU's press release here, Ekker's blog here, and the court request, in Dutch, here, and its unofficial English translation here.