GHAMS - 200.295.806/01
| GHAMS - 200.295.806/01 | |
|---|---|
 | |
| Court: | GHAMS (Netherlands) |
| Jurisdiction: | Netherlands |
| Relevant Law: | Article 15(1) GDPR Article 15(1)(h) GDPR |
| Decided: | 04.04.2023 |
| Published: | 04.04.2023 |
| Parties: | Ola Drivers Ola Netherlands B.V. |
| National Case Number/Name: | 200.295.806/01 |
| European Case Law Identifier: | ECLI:NL:GHAMS:2023:804 |
| Appeal from: | Rb. Amsterdam (Netherlands) ECLI:NL:RBAMS:2021:1019 |
| Appeal to: | Unknown |
| Original Language(s): | Dutch |
| Original Source: | www.rechtspraak.nl (in Dutch) |
| Initial Contributor: | Anton Ekker |
Dutch Court of Appeal orders Ola Cabs to provide access to personal data and information about the logic of automated decision-making to drivers.
English Summary
Facts
Request by drivers to Ola Netherlands BV 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. Is adaptation of the initial access request possible in the court proceedings?
Request for information on, inter alia, the 'fraud probability score' used by Ola, the 'earning profile' as well as the allocation of rides to drivers. Scope of the right to information under Article 15(1)(h) GDPR. Does the request for information concern decisions which have legal consequences for the drivers or otherwise significantly affect them? Can Ola invoke an exception to the drivers' invoked right to information? In what way must the information request be acted upon? Drivers also request portability of certain personal data under Article 20 GDPR.
Holding
The court:
Annuls the contested decision insofar as it rejected the request of [appellant sub 1] et al. concerning:
a) the initial request of [appellant sub 1] et al. based on Article 15(1) GDPR for access to the GPS data concerning them;
(b) the initial request by [appellant subsection 1], based on Article 15(1) GDPR, for access to the driver device data relating to them: device details, IP address, device mobile number, login time and frequency and time of usage site/application/services;
(c) [appellant sub 1]'s initial request, based on Article 15(1) GDPR, for access to personal data concerning them as referred to in paragraph 3.29 under a to d;
(d) the initial request by [appellant subsection 1] c.s., based on Article 15(1)(h) GDPR, for information about the existence of automated decision-making within the meaning of that provision, in so far as that request relates to the creation of the fraud probability score, the earning profile and the allocation of journeys;
and
Orders Ola, within two months of service of this order, to grant the requests of [appellant sub 1] c.s. referred to above under (a) and (c) in the manner described in paragraphs 3.21 and 3.29, to grant the request of [appellant sub 1] c. s. as well as the request referred to above under d. in the manner described in paragraph 3.48, subject to a penalty of €3,000.00 for each day or part thereof that Ola 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.
