Alliance in Indiaan association that brings together mobility platforms, has submitted a letter to Comptroller General of the Republic (CGR) Against the regulation that will regulate paid passenger transport requests, which is currently in the process of being approved.
The group is led by former Senator Marcela Sabat (RN) and brings together Capevi, Didi, Ya commands, rap music Y UberIt seeks to undertake joint work on regulatory issues and general challenges facing technology companies.
According to the union, “the regulation has fundamental flaws, seriously affecting the work of ride-hailing app companies (EAT) in our country, but in addition, and more dramatically, it violates the fundamental rights and guarantees of drivers and passengers who use ride-hailing apps.”
The main failures of the organization, according to Alianza IN, indicate: “The Ministry of Transport exceeded its powers under the law to issue the regulation; arbitrary discrimination against transportation application companies and their drivers; and violation of rights.” “Both EAT drivers and passengers using transport applications, regarding the protection of their personal data.”
In that line, The alliance in He warned that the implementation of the regulation contradicts the spirit of Law No. 21553 (known as the Uber Law), by regulating matters that directly contradict the express text of the law as well as the meaning in which the articles were discussed during its processing in the National Congress.
An example of this, he says, is when the regulation requires drivers to “provide a copy of the registration of the bare possession contract in the motor vehicle registry” or demands “the presentation of a document signed before a notary public stating the authorization of the owner of the vehicle” as the owner or mere possessor of the vehicle so that a paid passenger transport service is provided with it.
Likewise, it creates a link between the driver and the vehicle, limiting the number of drivers who can have the same vehicle.
“The Department of Transport is clearly exceeding its powers by setting standards that restrict the use of vehicles by an unspecified number of persons, in direct contravention of the spirit of the regulation. Furthermore, powers are given, without any kind of legal basis, to set a time limit for the operation of the EAT, subjecting the validity of its registration in the register to a fatal period of 60 months.” to throb.
In its presentation, Alianza IN emphasized that “the regulation requires accurate and detailed information on aspects such as time; flight origin (with latitude and longitude); destination (with latitude and longitude); date and time associated with the flight routing location, updated every 30 seconds; etc., all of which Data that is not required by law to be of this level of accuracy, Bearing in mind that this only requires providing basic information regarding the area, timetables and kilometres travelled, in the context of using transport applications.
In addition to the above, Article 45 provides that during the first six months of the entry into force of the law, data must be stored and kept available on the servers of the relevant EAT, according to a database determined by the Supreme Decree of the MTT, imposing a Additional financial burdens and no safety standards Which the mentioned servers must adhere to.
On the other hand, “the inherent risk of events such as re-identification and individual surveillance is created, favoured by the very precise perception and access to users’ activities and behaviours, affecting their fundamental rights to individual freedom and dignity”.
Likewise, he stressed that the regulation will allow the knowledge of the personal data of drivers. This is because the announcement of the registration of EATs and drivers will be made through a QR code or similar technology that will accompany the badge, which allows anyone to access the unique license plate of the registered vehicle, the EATs to which the vehicle has been assigned, the name of the drivers associated with them and the validity of the permit from the EAT concerned.
“This way of processing personal data profoundly affects the principles of purpose and quality in data protection, The text says: “There is absolute lack of clarity regarding the role that MTT should play in managing and collecting the data, as well as the security levels of EAT servers in relation to the storage and maintenance of said sensitive data.”
