Gps Tracking Company Vehicles Legal
Request a demo to learn how GPS fleet tracking can help you streamline your business and improve your customer service. (d) For the purposes of this section, “electronic tracking device” means any device mounted on a vehicle or other movable property that reveals its location or movement by means of the transmission of electronic signals. With that in mind, and as a GPS tracking industry, we have important information about the laws surrounding tracking. Here are some best practices to keep yourself on the right side of the law, keep your employees favored, and protect your business interests. Since 2005, BrickHouse Security has been meeting the security and surveillance needs of individuals and businesses who want the same result: peace of mind. Peace of mind is a commodity in high demand and, for many reasons we read in our daily headlines: stories of stolen vehicles, theft of personal belongings, and traffic accidents, to name a few. One heartbreaking story that has grown in recent years is that of elderly people with dementia leaving with no clues as to their whereabouts. As a result, their families spend sleepless nights worrying about the health and safety of their loved ones. Whether you`re a parent with a child going to college, a worried partner, or a patient caregiver, using a GPS tracker can provide invaluable security and location for your loved one, and since data can often be received in real time, you can react quickly in urgent situations. Now that you know the legal use of a GPS tracker in a car, our security experts are waiting for you to answer your open-ended questions and point you to the appropriate tracking device for your specific personal or professional needs. Plus, you can check out our learning library to learn more about choosing the right GPS tracker. Their options in GPS trackers range from simple plug-and-play to devices wired under the dashboard. In May 2015, a woman sued her employer after she was fired for uninstalling a GPS tracking app from a smartphone provided by the company.
Arias v Intermex Wire Transfer, 15-CV-01101 (E.D. CA, 2015). Although the case was settled out of court in November 2015, it addresses several issues faced by employers who want to track employees via GPS smartphones provided by the company. In particular, the applicant alleged that the employer required employees to keep their smartphones on at all times and that it told employees that it would monitor their activities outside of working hours. Finally, the applicant was dismissed after disabling GPS tracking on her smartphone to protect her privacy. She sued for wrongful termination, invasion of privacy, unfair business practices, retaliation and other claims, seeking more than $500,000 in damages for lost wages. Technically, attaching a GPS tracker to a vehicle is considered a search, which violates the Supreme Court`s Fourth Amendment. While the U.S. government does not include specific federal laws related to employers` use of GPS tracking devices to track their employees, state governments do. As we all know, state laws vary and each has its own privacy laws to protect individuals and the use of their information – including specific laws regarding the use of GPS trackers at work. Fleet management technology enables real-time GPS tracking of driving hours.
Driver input is minimal as the system automatically records the number of hours of driving, stamps the correct time and location of the vehicle whenever the driver`s status changes. Data can be monitored via the terminal in the cabin or remotely. Whenever the driver status changes, the data is automatically transferred to a central server. The GPS system records all data throughout the journey and ensures that compliance obligations are met, recorded and fully documented. Tubbs v. Wynn Transport in 2007: A case in which an employee`s company-owned vehicle was tracked without his knowledge. The decision ruled in favour of the employer, who owned the vehicle and who, in the court`s view, had every right to trace his whereabouts. Of course, if employee consent is obtained in advance, GPS tracking of company vehicles shouldn`t be a problem. In this case, it is best to obtain written consent and have a policy on how GPS will be used. It is important to know that laws governing GPS tracking by government officials, police, or individuals are not final. The Fourth Amendment and other state and federal laws provide U.S.
residents with some privacy protection, including strict restrictions on unlawful search and seizure. But there`s nothing in the constitution that addresses GPS tracking technology — or many other forms of electronic surveillance. While there is no specific law in U.S. federal law regarding employers` use of GPS tracking devices to track an employee`s location, state governments have implemented privacy laws that protect individuals and the use of their information. Second, an employer should consider state tort laws that it can violate if it sues employees without their knowledge or consent, such as invasion of privacy. Several courts have held that if an employer attaches a GPS tracking device to a vehicle owned by the employer, an employee driving that vehicle cannot claim an invasion of privacy if the employer follows the whereabouts of the vehicle. See, for example, Elgin v. Coco-Cola Bottling Co., 2005 WL 3050633 (E.D. Mo. 2005); Tubbs v.
Wynne Transport, 2007 WL 1189640 (S.D. Texas, 2007). These cases follow Illinois law, which allows an employer to install a GPS tracking device in a company vehicle. One thing an employer may consider is notifying employees that they may be using GPS monitoring in conjunction with employees` use of company equipment. In general, it`s not legal to track employee locations directly without consent, but you probably don`t want to do it anyway. Instead, moving from employee tracking to company vehicle tracking is the right legal approach to managing your fleet. However, protecting and tracking your own assets – your company vehicles – is essential! For starters, it`s perfectly legal to use a GPS tracking device for every vehicle or asset you own.