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
Request by Uber drivers to Uber for access as referred to in Article 15(1) AVG to certain personal data concerning them (including 'ratings' given by passengers) and for information as referred to in Article 15(1)(h) AVG (information on the existence of automated decision-making within the meaning of Article 22 AVG). Protection of passengers' personal data.
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 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.
