Tuesday, November 13, 2012

GPS Fleet Tracking - Is It Legal?


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 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?

Is tracking your fleet legal?
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.