According Off-InvestigationUber would have contributed to financing an OECD study on its drivers, carried out in partnership with IPSOS in France in June 2022.
However, 4 drivers of the firm decided to file a complaint with the CNIL for violation of the RGPD. The latter have, in particular, not expressed their consent to the transfer of some of their personal data to the OECD.
Another Uber skid?
Thursday, November 17, 2022, the representative of 4 Uber drivers, master Jérôme Giusti, filed a complaint with the National Commission for Data Processing and Liberties (CNIL) against the Organization for Economic Cooperation and Development (OECD), the polling institute IPSOS and Uber. In total, these are 5 breaches of the GDPR that lead these drivers to denounce the practices of their employer through a survey conducted jointly by the OECD and IPSOS in France. The survey would serve to develop policies designed to help workers on platforms such as Uber, according to the OECD.
Maître Giusti believes that the transfer of personal information of Uber drivers to the OECD and IPSOS allowing them to be contacted as part of an investigation dating from June 2022 constitutes a breach of Article 13.1.f of the GDPR . It thus represents a breach of the obligation to inform the persons concerned in the context of a transfer of data to an international organization “. Articles 5, 9.1, 13 and 14 of the regulations, as well as article 82 of the Data Protection Act, are also invoked because of the collection of sensitive information or the absence of consent as to the transfer of such information. -this.
The IPSOS institute returns the ball to Uber
In fact, according to information obtained by Off-Investigationthe OECD was put on formal notice on 1er September 2022 by Master Giusti. However, she states that ” its status as an international organization ” do “ that as such, the provisions of the GDPR do not apply to him “. The OECD estimates, still according to Off-Investigationthat she ” enjoys privileges and immunities within all its member countries, including France “. IPSOS claims for its part to be only a subcontractor of the OECD and considers that the data used by the survey belong to Uber, which would therefore be responsible.
The complainants do not hear it that way, hence the complaint filed against these 3 entities. In the meantime, the survey, which was also conducted in South Africa, Canada, the United States, the Netherlands and the United Kingdom, did not meet with great success, with only 0.5% of attendance.
While Uber would have notably contributed to financing this survey, one of the OECD economists in charge of the study, Stijn Broecke, defends that the data can be individualized by Uber to obtain precise information on its drivers. One question in the survey would have focused in particular on whether or not you belong to a union. It would not be the first time that the transport company has been singled out for GDPR breaches, although as it stands the investigation is ongoing.
Source : Off-Investigation
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