Firing Algorithms Test the General Data Protection Regulation

The use of algorithms to make decisions has become increasingly prevalent in today’s fast-paced, technology-driven world. From ranking a user’s visibility on social media platforms to calculating grades on tests, the use of these automated processes and formulas have become commonplace, although they often remain behind-the-scenes. This might change, however, with a recent lawsuit brought under Article 22 of the European’s Union’s General Data Protection Regulation (“GDPR”) against Uber.

Many drivers report that they had simply received an electronic notification that they had been terminated and were simply told to contact customer service if they had issues. Upon contacting customer service, many drivers were told by Uber that they had engaged in “fraudulent activities,” but beyond that, Uber declined to provide any further information. Many drivers report that, even when they obtained legal representation, Uber still declined to provide further details, citing their in-house security protocols and stating that giving any further information would compromise the company’s own security. Many of the terminated drivers claim that they had been driving for Uber for years and had near-perfect ratings before they were terminated.

Terminated drivers are bringing a high-profile lawsuit against Uber, claiming that Uber violated Article 22 of the GDPR by using automated algorithms to fire drivers, and when the drivers requested explanation for their terminations, Uber declined to provide further detail which further violates the GDPR. Privacy counsel should follow this lawsuit because:

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