In the News
Unions and Equality & Human Rights Commission back Discrimination Claim in ET
The Independent Workers Union of Great Britain (IWGB) and App Drivers and Couriers Union (ADCU) are supporting Uber drivers in bringing employment tribunal claims alleging that facial recognition software used to identify drivers by Uber indirectly discriminates on the ground of race.
Uber drivers have to log in by providing a photograph of their face, and if their photograph does not match the photograph on file they risk having their account terminated. The unions contend that the system generates more inaccurate results when used by black and minority ethnic workers, leaving them more vulnerable to losing their jobs with Uber. The Equality and Human Rights Commission is supporting the case being pursued by the ADCU.
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Court of Appeal Declaration that Immigration Exemption is Unlawful gets Suspended until 31 January 2022
The Court of Appeal announced that the Immigration Exemption in paragraph 4 of Part 1 of Schedule 2 to the Data Protection Act 2018 is incompatible with Article 23 of the General Data Protection Regulation ((EU) 2016/679) (GDPR), and therefore unlawful. However, it will be suspended until 31 January 2022. The reasoning behind this new ruling has not been published.
The Immigration Exemption was enacted by the UK as a derogation from specific provisions set out in the GDPR that intended to exempt any controller from complying with certain provisions of the GDPR and DPA 2018 where personal data was processed for the maintenance of effective immigration control or the investigation or detection of activities that would undermine the maintenance of effective immigration control.
The government now has until 31 January 2022 to pass legislation to amend the exemption in paragraph 4, failing which the exemption will be declared unlawful and become invalid from the end of January 2022.
https://www.bailii.org/ew/cases/EWCA/Civ/2021/800.html
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COVID-19: Vaccine Passports to Attend Venues in Wales from 11 October
On 11 October 2021, the Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (SI 2021/1119) (Regulations) came into effect.
The Regulations require particular venues in Wales to obtain proof that attendees are fully vaccinated (or are exempt). Those premises and businesses that are subject to the new requirements include:
There are some exceptions for premises holding wedding or civil partnership receptions, or wakes, open air events which are free and unticketed and which have multiple entry points, protests and picketing, and open air mass-participation sporting events such as running and cycling races.
Premises that breach the new requirements may be subject to an improvement notice or closed.
https://gov.wales/use-nhs-covid-pass-attend-large-events-and-venues
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