The Foodinho company, controlled by GlovoApp23, will have to modify the data processing of its riders, carried out through the use of a digital platform, and verify that the booking and assignment algorithms of food and product orders do not produce forms of discrimination. In addition, he will have to pay a fine of 2.6 million euros. This is the decision of the Privacy Guarantor, the first concerning the riders, following the outcome of a first inspection cycle on the methods of managing workers of some of the main food delivery operating in Italy.
Violations on the use of algorithms
The complex investigation activity touched Foodinho itself, revealing violations of the privacy legislation, the workers’ statute and the recent legislation protecting those who work with digital platforms.
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The Italian Guarantor has also activated, for the first time, a joint European cooperation operation, pursuant to the Gdpr, with the Spanish Guarantor (AEPD) to verify the functioning of the digital platform owned by the parent company GlovoApp23. The offenses concerned, in particular, the algorithms used for the management of workers. The company, for example, had not adequately informed the workers on the functioning of the system and did not guarantee the accuracy and correctness of the results of the algorithmic systems used for the evaluation of the riders.
Nor did it guarantee procedures to protect the right to obtain human intervention, express one’s opinion and contest the decisions adopted through the use of the algorithms in question, including the exclusion of a part of the riders from job opportunities.
The Guarantor has therefore required the company to identify measures to protect the rights and freedoms of riders in the face of automated decisions, including profiling. And it imposed on Foodinho to verify the accuracy and relevance of the data used by the system (chat, email and phone calls between the riders and the customer care, geolocation every 15 seconds and display on the map of the route, estimated and actual delivery times , details on the management of the order in progress and those already made, feedback from customers and partners, remaining battery level of the device, etc.).