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Private Hire

May 2019 | | 56

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In a landmark test of data rights at work under the • Daily recalculation of the overall driver rating and General Data Protection Regulation (GDPR), introduced individual trip ratings in the European Union last year, four current and • A breakdown of what personal data is held by former Uber drivers represented by Worker Info various Uber entities in the UK, Ireland and the Exchange are taking legal action against the ride-hailing Netherlands app. Worker Info Exchange has separately sourced internal The drivers claim that Uber is failing to honour its documents which clearly evidence that Uber obligations under the GDPR to provide the personal management actively profile drivers using internal information it has about its drivers. software tools such as Zendesk and Toolshed. They say Despite the issue of a pre-action protocol letter the documents show that notes are maintained on threatening legal action in March, Uber is still not in established profiles of drivers and tagging tools are material compliance with its obligation to disclose to used for markers such as ‘inappropriate behaviour’, drivers their personal data according to the EU GDPR. ‘attitude’ ‘police’ and ‘missed eta’. Those profiles and According to the drivers involved after lengthy delays the personal data associated has not been provided. prior to the pre-action letter, Uber did provide a significant data dump on April 19th in response to the legal threat. However, despite that legal threat, the drivers claim Uber has failed to provide access to data of vital importance to drivers including: •

A satisfactory explanation of how personal data is used in automated decision making such as in the allocation of work e.g. telematics data

The drivers claim the firm is in breach of Article 15 of the GDPR which guarantees them the right to: ‘obtain from the controller confirmation as to whether or not personal data concerning him or her are being processed, and, where that is the case, access to the personal data.’ The claim is made against various Uber operating entities in the UK, Netherlands and Ireland.

The four drivers have asked Uber to disclose to them their data by making requests as far back as July 2018, but they have been met with delayed, inconsistent, The complete set of GPS trace data collected incomplete, piece meal and mostly unintelligible from drivers particularly for the period when: the disclosures before receiving more data on April 19. driver is logged off but with the app open, logged on and waiting for work and enroute to collect a passenger

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