A few days after the publication of the EU directive 2024/2831 relating to the improvement of working conditions in the workplace through digital platforms (see “Two years to adapt labor standards via digital platforms” of 12 November 2024) comes the news of a further provision from the Privacy Guarantor towards a food delivery company for violation of the legislation on the processing of riders’ personal data.
With a news published yesterday on its website, the Privacy Guarantor announced that it had ordered with provision no. 675/2024 to the company Foodinho, of the Glovo group, the payment, for these violations, of an administrative fine of 5 million euros.
The company in question had already been the recipient of provision no. in 2021. 234 on the processing of rider data carried out through the digital platform (see “The platforms’ algorithms must not discriminate against riders” of 6 July 2021).
The Guarantor noted that provision no. 234/2021 had as its object the processing of personal data of the riders ascertained with the inspection of 16 and 17 July 2019, therefore only the data processing carried out by the company up to that moment.
The procedure from which provision no. was obtained. 675/2024 was, however, initiated automatically following press reports relating to the deactivation of the account of the rider who tragically died in Florence in an accident in October 2022 while he was making a delivery, and concerns the treatments of data carried out by the company itself as verified during the inspections carried out in 2022 (on 13 and 14 December) and in 2023 (on 28 February, 1 March and on 26 and 27 July); it is also specified that the procedure concluded with provision no. 675/2024 analyzes different types of processing which, although connected to the employment relationship with the riders, had not been assessed in the previous proceeding, such as, for example, the processing of biometric data or the processing consisting in the communication of data to third parties.
Precisely in reference to the processing of biometric data, it was found that the company carried it out in the absence of a suitable legal basis, in violation of the articles. 5 § 1, lett. a) e 9 § 2, letter. b) of EU Regulation 2016/679 (so-called “Privacy Regulation”).
Among the violations alleged against Foodinho, we also highlight that of the aforementioned art. 5 § 1 letter. a) of the Regulation – according to which personal data are processed in a lawful, correct and transparent manner towards the interested party – in relation to theArt. 47-five times of the Legislative Decree. 81/2015, a rule that prohibits exclusion from the platform and reductions in work opportunities attributable to non-acceptance of the service (§ 4.6 of Provision no. 675/2024).
In fact, from the investigation it emerged that one of the causes of exclusion from the platform was represented by the rider’s request to reassign the booked order, which, upon the occurrence of conditions which could vary from city to city, also caused the slot reservation to cease. . The consequence, in such cases, was the loss or, in any case, the reduction of work opportunities deriving from the orders that could arrive during the shift booked by the rider who had requested a reassignment.
Hence the violation of the aforementioned art. 47-quinquies, which determines the loss of the condition of lawfulness of data processing.
The Guarantor, in addition to ordering the payment of the fine of 5 million euros, has among other things forced the company to conform its treatments to the Privacy Regulation, prohibiting the further processing of riders’ biometric data and prescribing the cancellation of such data within 30 days of receipt of the provision in question.
* Considering the increasing reliance on biometric data in gig economy platforms, what specific legislative measures could be implemented to ensure transparency, worker consent, and prevent abuses while still allowing for innovation?
## Interview: Data Privacy and Labor Rights in the Gig Economy
**Introduction:**
Welcome to World Today News. Today, we’re diving into a complex topic at the intersection of technology, labor, and privacy. Recent events involving the food delivery company Foodinho and the Italian Privacy Guarantor have raised critical questions about data protection, worker rights, and the responsibilities of gig economy platforms.
Joining us today are two esteemed guests:
* **Dr. Sofia Bianchi,** an expert in labor law and digital platforms, and
* **Alessandro Rossi,** a cybersecurity and privacy specialist.
Thank you both for joining us.
**Section 1: The Legal Landscape and Foodinho Case:**
* **Dr. Bianchi,** the EU directive 2024/2831 aims to improve working conditions on digital platforms. How does this case with Foodinho and the Privacy Guarantor highlight whether these new regulations are effective?
* **Mr. Rossi,** what specific privacy violations were identified in the Italian Privacy Guarantor’s findings against Foodinho?
* Both guests: What are the implications of processing biometric data without a clear legal basis, as highlighted in this case?
**Section 2: The Impact on Gig Workers:**
* **Dr. Bianchi ,** how does the Privacy Guarantor’s finding that Foodinho violated Article 47-quinquies of the Italian Legislative Decree 81/2015 impact the rights and livelihoods of gig workers?
* **Mr. Rossi,** what can gig workers do to better protect their personal data when using these platforms?
* Both guests: Do you think the current legal framework adequately protects the rights of workers in the increasingly prevalent gig economy?
**Section 3: The Broader Implications and Future Directions:**
* **Dr. Bianchi,** how can striking a balance between innovation in the gig economy and safeguarding worker rights be achieved?
* **Mr. Rossi,** what steps can platform companies take to ensure they are complying with data protection regulations while fostering a trustworthy environment for both workers and customers?
* Both guests: What does the future hold for the gig economy, considering these evolving regulatory landscapes and ongoing ethical debates?
**Conclusion:**
Thank you, Dr. Bianchi and Mr. Rossi, for your insightful perspectives on this crucial topic. As the gig economy continues to grow, it is imperative to continue this conversation to ensure fairness, transparency, and ethical practices for all stakeholders.
