Italy, Italian Data Protection Authority, 10 June 2021, IT DPA decision no. 9675440, Foodinho

Case Overview

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CountryItaly

Deciding BodyData Protection Authority

AreaData Protection

UserPrivate

Case NameIT DPA decision no. 9675440, Foodinho

Authority (English)Italian Data Protection Authority

TechnologyRelation Management

ProviderPrivate

Decision Date10 June 2021

Authority (Original)Garante per la Protezione dei Dati Personali

Grounds for DecisionEU Law

Legal RequirementAccess to Information, Human Oversight

Case Summary

The Italian Data Protection Authority (DPA) imposed a €2,600,000 fine on a digital platform for utilising discriminatory algorithms to manage its food delivery riders. The company was found to have violated several regulations, including failing to provide clear information about how its reputational rating system for riders operated.

The investigation uncovered that the rating system allowed for discriminatory ratings that excluded riders from job opportunities. The company did not properly inform its employees about the platform’s functions and lacked adequate safeguards to ensure the accuracy and fairness of the algorithmic ratings used to assess riders’ performance. This absence of safeguards allowed biased client reviews to negatively impact rider ratings. Additionally, the platform did not provide procedures to ensure riders’ rights to human intervention, to express their opinions, and to challenge the ratings produced by the algorithms, despite these ratings potentially leading to job exclusions.

Access to the full judgment

Further notes on contested technology

  • → AI Technology
  • → Solely Automated-Decision
  • → The technology is deployed

Author of the case note

Francesca Palmiotto