An example: Uber on our wiki

The goal of this post is to discuss the example of Uber, and how it integrates on our Wiki. It’s more technical, but is not meant to speak to the whole audience of PersonalData.IO. For indications on why one might want to do this, please consult the post where we describe our first immediate goal.

The example we will consider, Uber, is sitting here on the wiki.

We will run through the page, explaining the two main components: the data itself, and the first service on top, to make requests for access to personal data.

Data

We only discuss the most critical data points added to the Uber page.

The whole page is indeed about an “item” called Uber (reference: Q101). This item has many statements about it, with all the statements of the form “< subject > — < predicate > — < object >”. Because this is Uber’s page, the primary statements on the page are all of the form “< Uber > — < predicate > — < object >”. For ease of reading, they are grouped by predicate, such as “instance of”, “contact email”, “requires”, “uses”, etc.

Let’s discuss now some of the most critical statements on the page:

  • "< Uber > — < instance of > — < GDPR data controller >" Indeed, Uber is a company controlling data, which operates out of the Netherlands actually for most of its operations;

  • "< Uber > — < contact email > — < ???@uber.com >" This lists one of many contact emails at Uber, but there is a qualifier on top “< statement about contact email > — < for > — < data protection officer >”. This helps recognize whether the email address is for the customer service or the legal department, for instance.

  • "< Uber > — < uses > — < ??? >" There are many statements of this form, where < ??? > can be for instance < geolocation data >, < accelerometer data >, < zendesk tickets >.

Basic service

As explained earlier, the goal of entering this data in the wiki is not just to have this knowledge about the ecosystem centralized, but to have it actionable (analogy: think of a map, and the role of a GPS telling you what to do). In this case the first basic service one can offer is “how do I access/delete my personal data?”. This is implemented (at the time of writing) through a popup showing up on the page.

We will not get here into the intricacies of how this is implemented, but the idea is that this link is generated upon page load (based on everything within this page associated to the Uber item), and offers a one-click option to prepare a Subject Access Request template. Indeed, if one clicks on the link, the client side email tool opens up an email draft, pre-addressed. As you will see below, the request is specific in what it asks, showing the value of centralizing the information available on what Uber actually collects (modeled earlier with the predicate < uses >):

Dear Uber,

This is a transparency request under the General Data Protection Regulation, including a subject access request, a portability request, and other specific provisions. Please note that it is not legal to require data subjects to use an in-house form. (see for instance UK Information Commissioner’s Office, ‘Subject Access Code of Practice’ (9 June 2017) p 13; Information Commissioner’s Office, ‘Guide to the GDPR: Right to access’ (22 May 2019), stating that ‘even if you have a form, you should note that a subject access request is valid if it is submitted by any means, so you will still need to comply with any requests you receive in a letter, a standard email or verbally […] although you may invite individuals to use a form, you must make it clear that it is not compulsory’)

I would like to request a copy of all my personal data held and/or undergoing processing. This is both a subject access request and a portability request.

Copies of my personal data

This request covers all my personal data and in particular:

  • accelerometer;
  • IP address;
  • battery level;
  • user account;
  • telephone number;
  • user star rating;
  • performance score;
  • address book;
  • vehicle data;
  • driver dispatching data;
  • driver matching data;
  • user onboarding data;
  • driver trip data;
  • rider trip data;
  • zendesk tickets;
  • driver geolocation data;
  • rider geolocation data;
  • driver status data;
  • rider matching data;
  • rider dispatching data;
  • driver star rating.

Article 20

For data falling within the right to data portability (GDPR, art 20), which includes all data I have provided and which have been indirectly observed about me (Article 29 Working Party, Guidelines on the Right to Data Portability (WP 242), 13 December 2016, 8) and where lawful bases for processing include consent or contract, I wish to have that data:

  • sent to me in commonly used, structured, machine-readable format, such as a CSV file. A PDF is not a machine-readable format (Article 29 Working Party, ‘Guidelines on Transparency under Regulation 2016/679’ WP260 rev.01, 11 April 2018).

  • accompanied with an intelligible description of all variables.

Article 15

For all personal data not falling within portability, I would like to request, under the right to access (GDPR, art 15):

  • a copy sent to me in electronic format. This includes any data derived about me, such as opinions, inferences, settings and preferences. (Note that opinions, inferences and the like are considered personal data. See Case C‑434/16 Peter Nowak v Data Protection Commissioner [2017] ECLI:EU:C:2017:994, 34.) For data that is available to the controller in machine readable format, it must be provided to me in that form in accordance with the principle of fairness and provision of data protection by design.

If your organisation considers me a controller for whom you process

Furthermore, if your business considers me the controller of any personal data for which your business acts as processor, please provide me with all the data you process on my behalf in machine readable format in accordance with your obligation to respect my to determination of the means and purposes of processing.

Metadata on processing

This request also includes the metadata I am entitled to under the GDPR.

Information on controllers, processors, source and transfers

  • The identity of all joint controllers of my personal data, as well as the essence of you contracts with them (Article 26).

  • Any third parties to whom data has been disclosed, named with contact details in accordance with Article 15(1)©. Please note that the European data protection regulators have stated that by default, controllers should name precise recipients and not “categories” of recipients. If they do choose to name categories, they must justify why this is fair, and be specific, naming "the type of recipient (i.e. by reference to the activities it carries out), the industry, sector and sub-sector and the location of the recipients. ( Article 29 Working Party, ‘Guidelines on Transparency under Regulation 2016/679’ WP260 rev.01, 11 April 2018 ) Please note that in the case of any transferred data processed on the basis of consent, there is no option to just name categories of recipients without invalidating that legal basis (Article 29 Working Party, ‘Guidelines on Consent under Regulation 2016/679’ (WP259 rev.01, 10 April 2018) 13).

  • If any data was not collected, observed or inferred from me directly, please provide precise information about the source of that data, including the name and contact email of the data controller(s) in question (“from which source the personal data originate”, Article 14(2)(f)/15(1)(g)).

  • Please confirm where my personal data is physically stored (including backups) and at the very least whether it has exited the EU at any stage (if so, please also detail the legal grounds and safeguards for such data transfers).

Information on purposes and legal basis

  • All processing purposes and the lawful basis for those purposes by category of personal data. This list must be broken down by purpose, lawful basis aligned to purposes, and categories of data concerned aligned to purposes and lawful bases. Separate lists where these three factors do not correspond are not acceptable (Article 29 Working Party, ‘Guidelines on Transparency under Regulation 2016/679’ (WP260 rev.01, 11 April 2018), page 35.
    ). A table may be the best way to display this information.

  • The specified legitimate interest where legitimate interest is relied upon (Article 14(2)(b)).

Information on automated decision-making

  • Please confirm whether or not you make any automated decisions (within the meaning of Article 22, GDPR). If the answer is yes, please provide meaningful information about the logic involved, as well as the significance and the envisaged consequences of such processing for me. (Article 15(1)(h))

Information on storage

  • Please confirm for how long each category of personal data is stored, or the criteria used to make this decision, in accordance with the storage limitation principle and Article 15(1)(d).

I understand that according to Article 11 GDPR, you might need additional information to identify me for the purpose of this request. The following information should help you locate my personal data:

  • email address : <>;
  • driver star rating : <>;
  • rider star rating : <>.

If you do not normally deal with these requests, please pass this email to your Data Protection Officer. If you need advice on dealing with this request, any European Data Protection Authority should be able to provide you with assistance.

In accordance with the law, I look forward to hearing from you within one month of receipt.

Regards,

<<FIRST_NAME LAST_NAME>>