Drivers challenge Uber on their personal data
Four drivers are taking legal action against Uber in relation to alleged breaches of the EU’s General Data Protection Regulation (GDPR) legislation.
The GDPR, which came into force in UK law in May last year, gives broad rights to individuals to access their personal data held by another individual or company – including their employer – by making a data subject access request. Essentially, the rules grant individuals a right to know, and see, how their data is being processed.
In July 2018, the drivers began making formal requests for Uber to provide them with access to their data. The data in question is primarily GPS data demonstrating how long they were logged into the application, which they claim would enable them to calculate their hourly rates and any potential sums owed in holiday pay, however they are also seeking performance data, profiling information and trip ratings.
The drivers have made numerous requests and contend that Uber has consistently failed to provide complete or intelligible data within the 30 day time period as it is required to do by the GDPR rules. They have now commenced legal proceedings, claiming that Uber has breached Article 15 of the GDPR and has failed to honour its obligations under the rules.
A separate legal case continues against Uber (by some of the same drivers) and is soon to be heard by the Supreme Court in which they are seeking to be recognised as workers of the company.
This new case emphasises the importance of proper compliance with data subject access requests. Compliance can be an onerous task and we have extensive experience in guiding our clients through this process to ensure compliance with the GDPR as well as assisting in the event of a legal challenge by individuals or employees.
Should you or your business require further information on either compliance with the GDPR or if you are facing or considering bringing a legal challenge, please contact Matthew Holman or Olivia Morton or you can give us a call on 0345 070 6000.
To find out more about our Data Protection expertise, you can have a look at our What we do page.