The Exclusionary Nature of Uber's Safety Measures: A Case Study of Accessibility and Legal Implications in Brazil

Uber has long been recognized as a leader in ride-hailing innovation, consistently introducing features aimed at improving the safety of both its drivers and users. However, the implementation of certain safety measures can unintentionally exclude users who lack consistent access to mobile internet, 4G, or 5G networks. Among these measures is a new feature requiring passengers to verify their rides by entering a unique, online-generated code. While this initiative seeks to enhance security by ensuring passengers board the correct vehicle, it also creates significant accessibility barriers for individuals without reliable mobile data access.

In Brazil, where internet access remains unevenly distributed, this policy has sparked debates about its exclusionary effects. For example, individuals with limited mobile data plans often find themselves in precarious situations when their data access is restricted at the end of their billing cycle. A recent case highlights this issue: a Brazilian user with a limited data plan requested an Uber ride while connected to WiFi. Upon the driver’s arrival at the pickup point, the user was prompted to provide the online-generated code, a step required to proceed with the ride. However, the user was unable to access the code because their mobile data plan had reached its limit, restricting internet access to specific applications such as WhatsApp, Facebook, and Instagram. Without access to the Uber app, the user could not generate the required code, forcing the driver to cancel the ride.

This incident not only caused delays but also placed the user in a vulnerable position, highlighting a critical oversight in Uber’s policy: the assumption that all users have reliable mobile internet access. In a country like Brazil, where economic inequality affects digital inclusion, such requirements disproportionately disadvantage economically vulnerable populations.

The issue also raises important legal questions. Brazilian consumer protection laws prohibit practices that compel consumers to purchase additional products or services to access a primary service, a concept known as “venda casada.” Uber’s reliance on real-time internet access for the new security feature could be interpreted as indirectly promoting the purchase of mobile data plans. With a limited number of mobile service providers in Brazil, this dependency risks being classified as a form of tied selling, which is expressly forbidden under Brazilian law. By effectively excluding users without mobile data access, Uber’s policy may conflict with the principles of fairness and inclusivity established by these regulations.

To address this issue, Uber must adopt more inclusive solutions that accommodate users without consistent mobile data access while maintaining safety standards. One potential approach would be for Uber to partner with mobile service providers to offer temporary in-car internet access for the first five minutes of a ride, enabling users to generate and input the required code without relying on personal mobile data. Another solution could involve allowing users to pre-set a personal code that could be periodically updated, such as every five rides. This would eliminate the need for real-time internet access while preserving the security benefits of the system. Alternatively, Uber could implement a hybrid model, offering both online-generated codes and user-set codes, allowing passengers to choose the option that best suits their connectivity situation.

By adopting such measures, Uber could ensure broader access to its services, aligning its policies with Brazilian consumer protection laws while fostering greater inclusivity. While safety is a priority, it must not come at the cost of excluding economically disadvantaged users or exacerbating digital inequality. Ensuring equitable access is both a legal requirement and a moral obligation for a company that seeks to lead in mobility innovation.