Uber must hand over driver data
A judge ordered ride-hailing giant Uber on Thursday to provide the names and addresses of its San Francisco drivers to city officials, who will notify them of their need to get business licenses.
Uber had provided the information voluntarily last year but stopped in December, saying further disclosures would violate drivers’ right to privacy. The company noted that names and addresses of registered businesses are posted online, available to commercial marketers and potential harassers, unless drivers go to the trouble of using business names and post office boxes.
Superior Court Judge Richard Ulmer ruled Thursday that city Treasurer and Tax Collector Jose Cisneros had legal authority to demand the information and was not violating the rights of Uber or its drivers.
Uber “failed to show that the driver information requested constitutes a protected trade secret or that disclosure would violate drivers’ privacy or due process rights,” Ulmer said, affirming a tentative ruling he had issued Wednesday. He said compliance would not be “unduly burdensome” and that drivers could challenge business-licensing requirements on their own.
Uber has not objected to the city’s requirement of business licenses for its drivers, whom it considers independent contractors rather than employees. Until December, Uber, joined by its main rival, Lyft, had provided Cisneros with
information on 57,000 drivers, about 20,000 of whom paid the city $91 apiece for annual licenses. Those who work fewer than seven days a year in San Francisco are exempt.
Lyft has continued, reluctantly, to supply driver information.
Both companies are supporting proposed legislation, SB182 by Sen. Steven Bradford, D-Gardena (Los Angeles County), which would allow their drivers to get a single business license valid in all counties and prohibit counties from requiring licenses of nonresident drivers. The bill won state Senate passage last month and is now in the Assembly.
City Attorney Dennis Herrera, whose office sought the information, praised Ulmer’s ruling.
“San Franciscans have a right to know who is behind the wheel when they use Uber, and drivers that benefit from city services need to pay their fair share of taxes,” Herrera said in a statement.
Uber will appeal the decision, said Wayne Ting, the company’s general manager in Northern California. He said Uber has asked city officials “to remove (drivers’) personal information from the public website, but they’ve refused.”