GPS fleet tracking is growing in popularity as fleet managers discover the many benefits of being
able to follow their vehicles in, as well as the reports you can get on worker’s
activity. But will it expose their business to
a lawsuit. Is it legal to use GPS Fleet Tracking to
track staff?
What
is GPS Fleet Tracking?
What are we referring to when we
talk about GPS Fleet Tracking? Basically it is where an employee’s vehicle is
fitted with a GPS Fleet Tracking device to track their movements throughout the
day. The Company can use this information to know where workers have been
during the day, as well as other GPS-related information such as time on the
job or vehicle speed.
There are two types of GPS devices –
Live or Passive. A Live device will send
out a signal that can be tracked by an authorized user in real-time. This
information is sent of over the air through Cell phone technology. It transmits
the longitude and latitude location to a server, which marries it to mapping
software and sends it to the computer you’re using. On the other hand, a passive device will store
that information on a device and someone has to retrieve the device and
download the data to their computer in order to review the data. There are pros
and cons for both types.
A connected device can be a more
popular choice because it gives employers the ability to act quickly on
time-critical information, such as knowing who is closest to a job and can
respond faster.
The employer may use a web-based
service, such as Safety Track, to track these GPS devices so they can view them
from anywhere that has an internet connection, normally in the office. They may
receive instant alerts when certain ‘rules’ or parameters are breached, such as
speeding, driving dangerously, entering off limit areas.
So now you've decided to install GPS
fleet tracking devices on your vehicles so you know what you’re staff is doing
throughout the day – the next question is, will you get into trouble with the
law?
There seem to be a variety of
opinions on how legal it is, some will say it is a ‘gray’ area but the general
consensus is that, if done properly, then you won’t have to fear a legal challenge
from an employee.
The difficulty seems to be balancing
the rights of a business to know how company equipment is being used and what
employees are doing while on the clock, with a worker’s right to privacy.
The answer seems to be as open as
possible with your staff on what you are tracking and why. The chances of
running in to legal problems are greatly increased when GPS tracking is done in
secret, without an employee’s knowledge. Not only does that give them grounds
for defense but may result in legal action for invasion of privacy.
- Use a GPS Fleet tracker on company property only
- Inform staff before beginning GPS tracking and have
them accept this as part of using company-owned equipment
- Only collect and store information that is interferes
or impacts on their job performance
- Explain the benefits of
using GPS tracking,
possibly providing incentives to drivers now that real-time performance
can be accurately measured
When done for the right reasons and
with your staff on board, you’ll find it far less likely that you’ll run into
legal problems, instead enjoying the safety, productivity and efficiency
benefits lots of fleets are enjoying with GPS tracking.