The notice states that Uber collects background check reports including criminal and driving records from third-party providers to assess and maintain driver eligibility, with ongoing periodic updates to this data.
This analysis describes what Uber's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The collection and use of background check data for platform eligibility decisions implicates the Fair Credit Reporting Act (FCRA) requirements for adverse action notices and permissible purpose, and the periodic update mechanism means drivers may be subject to ongoing screening throughout their engagement with the platform.
Interpretive note: The frequency of periodic background check updates and the specific adverse action procedures applied to ongoing checks versus initial onboarding checks are not fully specified in the notice text available.
This provision establishes that criminal and driving record background check data is collected at onboarding and updated periodically, and is used to make eligibility determinations that may affect drivers' ability to remain on the platform; FCRA adverse action notice rights apply to US drivers when this data results in a negative eligibility determination.
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"Uber collects background check and identity verification information about drivers and delivery people, including criminal records, driving records, and other information obtained through third-party background check providers. This information is used to verify eligibility to use the platform and may be updated periodically.Excerpt from Uber's Privacy Notice (Drivers and Delivery People)
1) REGULATORY LANDSCAPE: Background check data use for employment or independent contractor eligibility implicates the Fair Credit Reporting Act (FCRA), which requires permissible purpose, pre-adverse action disclosure, adverse action notice, and dispute rights when consumer …
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The collection and use of background check data for platform eligibility decisions implicates the Fair Credit Reporting Act (FCRA) requirements for adverse action notices and permissible purpose, and the periodic update mechanism means drivers may be subject to ongoing screening throughout their engagement with the platform.
This provision establishes that criminal and driving record background check data is collected at onboarding and updated periodically, and is used to make eligibility determinations that may affect drivers' ability to remain on the platform; FCRA adverse action notice rights apply to US drivers when this data results in a negative eligibility determination.
ConductAtlas has identified this type of provision across 290 platforms. See the full comparison.
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