Uber Obtained A Rape Victim's Medical Records. Now It Might Face a Lawsuit

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Uber Obtained A Rape Victim's Medical Records. Now It Might Face a Lawsuit


Reuters

The New York-based legal professional of an Indian lady who was sexually assaulted by her Uber driver in New Delhi in 2014 is exploring the potential of taking authorized motion towards the ride-hailing big after a report revealed by Recode on Thursday revealed high Uber government obtained and circulated her medical data internally throughout the firm.

“We’re investigating and researching all potential avenues to deal with this example and count on to have extra info subsequent week,” Douglas Wigdor, who represented the lady in a Jane Doe civil lawsuit in the US District Court docket within the Northern District of California in 2015 mentioned in an announcement to BuzzFeed Information. “It’s unbelievable these days that one may even fathom official rape sufferer was a part of a conspiracy by a rival agency to hurt Uber,” Douglas mentioned referring to Uber's greatest rival in India, Ola. “Sadly, these views, coupled with the scrutiny of personal medical data, help rape tradition, and should finish.”

Wigdor declined to reply questions on whether or not the lady concerned within the New Delhi incident had reached out to him or his agency, Wigdor Legislation LLP following the publication of Recode’s report. However he did verify that he’s nonetheless retained by her. Requested whether or not the lady was contemplating press prices citing a violation of privateness, Wigdor mentioned that “we’re nonetheless investigating and researching our choices.”

Uber didn’t reply to BuzzFeed Information' request for remark.

“This legislation was particularly put in place in order that nobody — together with media publications — reveals a rape sufferer’s id.”

India’s legal guidelines round defending the identities of rape victims are stringent. Part 228(A) of the India Penal Code — the nation’s major code that covers all felony legislation — says that anybody who “prints or publishes the title or any matter which can make identified the id” of a rape sufferer will be sentenced to as much as two years in federal jail and fined except they’ve written authorization from the sufferer or the police officer in command of the investigation.

It’s not clear whether or not Uber obtained the sufferer’s authorization on this case. Uber declined to remark to BuzzFeed Information’ query.

“This legislation was particularly put in place in order that nobody — together with media publications — reveals a rape sufferer’s id,” mentioned Trisha Shetty, a New Delhi-based lawyer who’s the founder and CEO of SheSays, a company that works with victims of sexual abuse. “On this case, the legislation isn’t clear about what occurs when a sufferer’s id is distributed among the many staff of an organization, however I feel you possibly can interpret that act as revealing the sufferer’s id to individuals who haven’t any enterprise figuring out it.”

Certainly, how Alexander obtained the medical data within the first place is but to be established.

“Solely the sufferer, the prosecution, the investigating police officer, the courtroom, and the engaged counsel would have entry to these data within the first place,” Apar Gupta, a distinguished Supreme Court docket lawyer informed BuzzFeed Information. “There isn’t a means [Uber or Alexander] would have entry to these data. In my view, it’s clearly a case of theft of case property.”

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