Ola Drivers – Court Ruling (Netherlands, 2023)

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. 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