Algorithmic Contracting, Discrimination, and Human Dignity in Transport

Abstract

The rapid integration of Artificial Intelligence (AI) and predictive analytics into the transport sector has ushered in an era of "algorithmic contracting," where automated systems increasingly govern pricing, route optimization, service allocation, and even access to essential mobility services. While promising efficiency, this digital transformation presents a significant challenge to human dignity, inclusion, and non-discrimination. This article examines how these algorithmic practices can inadvertently embed or amplify existing societal biases, leading to new forms of discrimination based on factors such as location, socio-economic status, or perceived risk, thereby undermining individuals' fundamental right to fair and equitable access to transport. Drawing on principles from international human rights law and focusing on the evolving EU legal landscape (including the AI and GDPR Regulation, and anti-discrimination directives), this paper analyses the specific mechanisms through which algorithmic contracting can lead to discriminatory outcomes in transport. It argues that the opaque nature of these automated decisions, coupled with the often-unseen contractual terms they dictate, can erode personal autonomy, restrict participation in society, and diminish human dignity. The abstract highlights the urgent need for robust legal and regulatory interventions, proposing pathways for enhanced transparency, accountability, and effective judicial protection to ensure that the digital evolution of transport fosters, rather than undermines, justice, inclusion, and non-discrimination for all.