01 Mar Zoom.taxi secures clarification on ‘blacklisting’ ahead of GDPR implementation
Companies and drivers worried about the implications of the GDPR on sharing data on individuals known to have a history of fare dodging or other antisocial behaviour have been told they will be able to continue doing so after Zoom.taxi secured an answer from the Information Commissioner.
After concerns were raised that the ‘right to be forgotten’ could provide a loophole for people to avoid having their names given to other companies after they try to avoid paying fares, book bogus rides or cause damage, the ICO confirmed that they could be protected by
crime prevention and detection exemptions in the GDPR.
Individuals must have an objection on “grounds relating to his or her particular situation”.
You must stop processing the personal data unless:
You can demonstrate compelling legitimate grounds for the processing, which override the interests, rights and freedoms of the individual, see also here
What derogations does the GDPR permit?
Article 23 enables Member States to introduce derogations to the GDPR in certain situations.
Member States can introduce exemptions from the GDPR’s transparency obligations and individual rights, but only where the restriction respects the essence of the individual’s fundamental rights and freedoms and is a necessary and proportionate measure in a democratic society to safeguard:
- national security
- public security
- the prevention, investigation, detection or prosecution of criminal offences
- other important public interests, in particular economic or financial interests, including budgetary and taxation matters, public health and security
- the protection of judicial independence and proceedings
- reaches of ethics in regulated professions
- monitoring, inspection or regulatory functions connected to the exercise of official authority regarding security, defence, other important public interests or crime/ethics prevention
- the protection of the individual, or the rights and freedoms of others
- the enforcement of civil law matters.
These exemptions will be introduced into UK law through the Government’s Data Protection Bill which is currently proceeding through Parliament