The fine imposed on Uber symbolises a distinctly European dilemma

Uber faces a fine of €825 million imposed by the Dutch data protection authority. The figure is enormous, but it is above all the reason for the sanction that reveals something about the increasingly complex relationship between technology and European regulations. According to the regulator, Uber used automated systems to suspend drivers’ accounts without ensuring sufficient human oversight and transparency. The algorithm identified behaviour deemed suspicious, such as unusual route deviations, journeys accepted but not completed, and passenger ratings. The problem, according to the authority, is not that Uber uses the algorithm, but that it can independently assess the worker. The GDPR, in its strictest interpretation, imposes limits on automated decisions when they have an impact on individuals, and for a driver, losing access to Uber means losing a source of income.

The investigation, which arose from a complaint in France and is being handled by the Dutch authorities because Uber has its European headquarters in the Netherlands, thus reopens an issue that goes beyond the individual platform: namely, to what extent does Europe wish to rely on technology, and how much scope should be left for human judgement? Uber has announced it will appeal and argues that permanent deactivations would in any case require human review. It is this detail that will shape the very concept of European digital regulation. The risk is that a rule designed to prevent arbitrary decisions could end up making every automated system more expensive and complicated. Yesterday’s fine imposed on Uber therefore also concerns the European drive to reduce bureaucracy: whilst artificial intelligence promises to replace an increasing number of human decisions, Brussels continues to insist that, at least when it comes to whether or not a person can continue to work, the final decision must be taken by a human being. Whilst this is a perfectly legitimate safeguard, the broader risk is that it will place yet another brake on innovation.