GHAMS - 200.295.747/01

GHAMS - 200.295.747/01
Court:	GHAMS (Netherlands)
Jurisdiction:	Netherlands
Relevant Law:	Article 15(1)(h) GDPR
Decided:	04.04.2023
Published:	04.04.2023
Parties:
National Case Number/Name:	200.295.747/01
European Case Law Identifier:	ECLI:NL:GHAMS:2023:796
Appeal from:
Appeal to:	Unknown
Original Language(s):	Dutch
Original Source:	Rechtspraak.nl (in Dutch)
Initial Contributor:	Anton Ekker

Dutch Court of Appeal orders Uber to provide access to personal data to drivers and information about logic of automated decision-making.

English Summary

Facts

This decision is the result of an appeal (and incidental appeals) filed against a decision from the District Court of Amsterdam (available on GDPRhub). The District Court orderred Uber to provide to its drivers information regarding the rating by passengers but rejected several other requests for information under Article 15.

The different drivers requested different information in appeal. Driver 1 requested his device data, driver's profile, tags, reports per trip, individual ratings per passenger and information about the recipients, the processing purposes, categories of personal data and existence of automated decision-making referred to in Article 22. Driver 2 requested personal data in the context of upfront pricing

Request for information on, inter alia, the 'batched matching' system and 'upfront pricing system' used by Uber as well as the determination of average ratings. Scope of the right to information under Article 15(1)(h) GDPR. Does the information request concern decisions that have legal consequences for drivers or otherwise significantly affect them? Can Uber rely on an exception to the information right invoked by the drivers? How should the information request be acted upon?

Drivers also request portability of certain personal data under Article 20 GDPR.

Holding

The Court first assessed the admissibility of the incidental appeals under national law.

The court annulled the contested decision insofar as it rejected the request of [appellant sub 1] et al. concerning:

a) the initial request by [appellant sub 1] c.s., based on Article 15(1) GDPR, for access to the personal data concerning them (i) as described in production 2 to the notice of appeal and belonging to category 12 of the Guidance Notes, entitled 'Driver detailed device data', (ii) as included in the Driver's profile and (iii) as included in the 'tags';

(b) [appellant sub 3]'s initial request, based on Article 15(1) GDPR, for access to personal data concerning him in the category 'upfront pricing';

(c) the initial request from [appellant sub 1] c.s., based on Article 15(1)(a), (b) and (c) of the AVG, for access to information on the recipients or categories of recipients to whom personal data of [appellant sub 1] c.s. were disclosed for 'legal reasons or in the event of a dispute', as well as the processing purposes and categories of personal data concerned

(d) the initial request by [appellant sub 1] et al. for information based on Article 15(1)(h) of the AVG concerning the existence of automated decision-making within the meaning of that provision in so far as that request relates to the 'batched matching system', the 'upfront pricing system' whether or not in combination with the system of dynamic rates used by Uber as well as the determination of (average) ratings;

Uber was ordered, within two months of service of this order, to grant the requests referred to above under (a) to (c) as well as the request referred to above under (d) in the manner described in paragraph 3.41, subject to a penalty payment in the amount of €4,000.00 for each day or part thereof that Uber fails to comply with this order;

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English Machine Translation of the Decision

The decision below is a machine translation of the Dutch original. Please refer to the Dutch original for more details.