Per the Garante, an exception in Article 22 applies in this case. Workers are not informed of how this algorithm works, but based on their scores, they may be denied access to the most “valuable” shifts or even to the platform itself, and consequently they may miss out on work opportunities.īased on the above, the Garante affirmed that the company, using a digital platform that operates through algorithms, makes decisions based solely on automated processing, including profiling, of riders’ personal data, without adopting proper guarantees as required by Article 22 and Recital 71 GDPR. Through the score (and the underlying algorithm), Foodinho evaluates a rider’s performance and thus wields significant effect on the rider by offering or denying access to certain shifts-which in turn determines their opportunities to perform the service under the contract. Moreover, the score varies based only on negative feedback (positive feedback does not count). This algorithm penalizes riders who do not accept orders quickly or turn them down or who do not complete a certain number of deliveries. The Garante’s inspection activity revealed that an excellence score is determined by applying an algorithm that takes into account five elements, in different percentages: score assigned by the client (15%) score assigned by the partner (5%) score determined by the provision of services during high-demand hours, provided that the rider has selected at least 5 high-demand shifts over 7 consecutive days (35%) orders actually delivered (10%) and platform productivity (35%), based on the number of orders offered to the rider (who can opt for automatic assignment to drive up the score) upon check-in for a scheduled shift, “a few minutes after the start” of the shift, and on acceptance, within a short period of time (30 seconds) after the order is offered. Using a shift reservation system and what is called an “excellence score,” Foodinho assigns shifts to riders based on their scores. However, this is the first Garante decision about riders.Īlthough the Garante has identified several breaches, our analysis below focuses on the part of the injunction that deals with the use of the algorithm. For example, in the Deliveroo case, December 31, 2020, the Court of Bologna deemed Deliveroo’s reputational ranking algorithm unfair to riders because it was in breach of Italian law prohibiting discrimination against employees/the self-employed. This was not the first time Italian authorities ruled on the use of algorithms for handling riders’ work. Further, the company has been fined EUR 2.6 million. 234, issued by the Garante on J(the first such order about riders), among other things the company must modify the processing of riders’ data carried out through its digital platform and verify that the algorithms for booking and assigning orders to riders do not discriminate. 300/1970), and recent discipline protecting people working for digital platforms. The Garante unearthed a number of violations, particularly with respect to the algorithms used to manage riders, as well as several breaches of the data protection rules, the Workers’ Statute (Law No. The company makes home deliveries using staff specifically dedicated to this purpose (known as “riders”).
The Italian Data Protection Authority ( Garante per la protezione dei dati personali, “ Garante”) is taking a closer look at Foodinho S.r.l., an Italian company in which the Spanish GlovoApp23 S.L.
Thanks to Giulia Conforto for collaborating on this article
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