Secret algorithms and hidden data flows violating rights of “gig workers”
“Gig workers” are oppressed, misclassified as self-employed and denied the right to a minimum wage, as well as freedom from discrimination and unfair dismissal. Their oppression is exacerbated by digitisation, with intensive algorithmic management and surveillance of their work. Uber refuses to make available personal data of drivers or to provide transparency of algorithmic management as required by law. Uber is thus preventing its drivers from collectively bargaining or claiming their employment rights.
Between 2020 and 2021, Worker Info Exchange completed research to clarify the best routes for litigation, and defined a litigation strategy for filing complaints to courts and data protection authorities.
The research has informed a number of ongoing cases, including a claim challenging unfair dismissals, a complaint to the Human Rights Commission challenging Uber’s use of facial recognition and complaints to data protection authorities for failure to comply with subject access requests.
A litigation track support grant is currently supporting Worker Info Exchange in a case in Amsterdam against Uber and Ola cabs challenging insufficient data access and transparency in algorithmic decision-making.
Secret algorithms and hidden data flows violating rights of “gig workers”
Organisation Name
Worker Info Exchange
Country/Jurisdiction
Workers from the UK, Portugal and the Netherlands
Thematic Area
Human rights standards in the use and design of technology
Current Status
Ongoing
Grant type 1
Pre-litigation Research Support
Grant type 2
Litigation Track Support
Description
“Gig workers” are oppressed, misclassified as self-employed and denied the right to a minimum wage, as well as freedom from discrimination and unfair dismissal. Their oppression is exacerbated by digitisation, with intensive algorithmic management and surveillance of their work. Platforms like Uber and Ola cabs have refused to make available personal data of drivers at work or to provide transparency of algorithmic management as required by law, thus preventing drivers from collectively bargaining or claiming their employment rights.
Between 2020 and 2021, Worker Info Exchange completed research to clarify the best routes for litigation, and defined a litigation strategy for filing complaints to courts and data protection authorities.
The research has informed a number of ongoing cases, including a claim challenging unfair dismissals, a discrimination complaint supported by the Equalities and Human Rights Commission about Uber’s use of facial recognition, and complaints to data protection authorities for failure to comply with subject access requests. The research and litigation has led to Transport for London’s decision to stop automatic revocation of drivers who have been accused of sharing their account on the back of flagging by facial recognition or geo location identification checks. The litigation has shown that the technology is less than fallable and drivers now have some due process.
A litigation track support grant is currently supporting Worker Info Exchange in a case in Amsterdam against Uber and Ola cabs challenging insufficient data access and transparency in algorithmic decision-making. The hearing took place on 18 May 2022.
"Uber and Ola cabs have refused to make available personal data of drivers or to provide transparency of algorithmic management as required by law, thus preventing drivers from collectively bargaining or claiming their employment rights."
Strategic Goal
To allow gig workers to easily access and use data about their work so they can effectively organise and collectively bargain against gig employers for better pay, and leverage local authorities for fairer regulation.
Media and related links
Organisation Name
Women’s Link Worldwide
Image credit: Cynthia Alonso for the Digital Freedom Fund