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Yichuan Cao / Sipa USA / SIPA

The Human Rights League (LDH) filed on Tuesday a supplementary complaint before the National Commission for Informatics and Freedoms (Cnil) against the platform of cars with drivers Uber for new "breaches" of the General Regulations on data protection (GDPR).

The LDH, appointed by 99 drivers working with the platform, denounces "new shortcomings that it observed on the occasion of the publication of" additional conditions to the appendix of drivers "dated July 12, 2020".

The first complaint, which targeted the drivers' right of access to their data, collected by the platform, is currently being investigated by the Cnil, said Me Jérôme Giusti, lawyer for the LDH.

"The second complaint concerns two major breaches of the GDPR which demonstrate that Uber does as it pleases", said the lawyer.

"Uber has revised the general conditions vis-à-vis its drivers" and "denies them two fundamental rights", namely the right to access their data if they are "disconnected" - that is to say when they no longer have a contract binding them to Uber - as well as "the impossibility of opposing the commercial transfer of their data", affirmed Me Giusti.

The goal: to obtain the requalification of driver contracts

These data "make it possible to feed the summons to industrial tribunals" to establish the link of subordination between Uber and the drivers in order to see their contract reclassified as an employment contract, underlined Me Giusti, who accompanies 150 VTC drivers in such procedures.

Uber responded that it was "committed to protecting the personal data of drivers and other users of [its] platform and [its] services."

"All of our users can access their data at any time, upon request," said a spokesperson for Uber.

"Our privacy team then takes care of providing them with as much information as possible in compliance with the GDPR" and "we do not share our users' personal data for commercial purposes without a proper or sufficient legal basis. aggregates do not allow the identification of our users, ”she added.

In December 2018, the CNIL had imposed a fine - then a record - of 400,000 euros on Uber for "insufficiently secure user data" of its service.

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