GPS tracking against Privacy
GPS tracking against Privacy
Author
Discussion

Just Trouble

Original Poster:

700 posts

284 months

Tuesday 2nd October 2018
quotequote all
Afternoon all. I am after some advice regarding GPS tracking. I work for a company which has a fleet of vehicles that have GPS trackers fitted which are used by members of staff. I use my own personal vehicle for work and therefore the company can not fit a GPS tracker to my property.
I have received an email from work stating that I must use a GPS tracker which is attached to a lanyard to be worn around my neck. If I don’t use or refuse to wear this tracker then I will be disciplined and could ultimately be sacked.
My question is this legal? I know that tracking company vehicles is perfectly legal as this is company property. I however am not company property. Can you point me towards any legal precedent that shows this to be either legal or illegal to track a person/employee during work hours using GPS?
The company are dressing this up as for my own protection as it has a “panic” button which can alert a call centre, then they assess whether or not to call the emergency services if I am being attacked.
Thanks in advance for your response. Cheers.
JT

anonymous-user

84 months

Tuesday 2nd October 2018
quotequote all
As long as the company explains how it will process data about you obtained via the tracker, it can lawfully ask you to use the tracker. You could insist on switching it off during non working periods eg lunch break and while attending to calls of nature. You have otherwise no reasonable expectation of privacy while working.

Drumroll

4,523 posts

150 months

Tuesday 2nd October 2018
quotequote all
Don't really see an issue if I am honest. But as it worries you, what do your terms and conditions say?

You talk about being attacked, do you carry money or other valuables?

You can always just put it in a tin when driving in any case. (and I would certainly do that when not on company business)

anonymous-user

84 months

Tuesday 2nd October 2018
quotequote all
Yup, take it off when you go for lunch, go to the loo, do coke and hookers*, etc.


* Unless doing coke and hookers is your job.

Just Trouble

Original Poster:

700 posts

284 months

Tuesday 2nd October 2018
quotequote all
Hello Fella's thanks for your early replies. Unfortunately I can not switch it off once it has been turned on, it only stops when the battery dies (needs charging every night). No I don't carry valuables I visit properties for a Social Landlord. This just smacks of control freakery. Never ever had an issue with my work or working hours, quite the opposite. Mighty pissed off frown

eybic

9,212 posts

204 months

Tuesday 2nd October 2018
quotequote all
Is it not for your safety? You can pick up very cheap GPS trackers so perhaps you could activate it when you don't want to be"tracked"

Just Trouble

Original Poster:

700 posts

284 months

Tuesday 2nd October 2018
quotequote all
eybic said:
Is it not for your safety? You can pick up very cheap GPS trackers so perhaps you could activate it when you don't want to be"tracked"
The company dress it up as safety. We all have to make our own risk assessment at each dwelling. The company identify any risky residents and we only visit those in pairs. This is nothing to do with my safety they just want to snoop. Starting to feel like a criminal. Why not just stick a tag on my ankle and have done with it?

Just Trouble

Original Poster:

700 posts

284 months

Tuesday 2nd October 2018
quotequote all
Just found this:

Legal vehicle tracking practices
The following practices are legal:
- Tracking of business vehicles - cars, vans, trucks... any vehicle as long as it belongs to the company,
- Tracking business vehicles which are also used privately by the employee
- Covert tracking, that is, using a hidden tracker, is allowed as long as the employee is aware of this,

Illegal vehicle tracking practices
Conversely, the following practices are absolutely banned by vehicle tracking laws:
- Tracking any vehicle without informing the driver, and receiving his or her consent,
- Tracking employees themselves: it’s the vehicle that’s tracked, not the individual human being.

pavarotti1980

6,347 posts

114 months

Tuesday 2nd October 2018
quotequote all
Wear it and then leave in the vehicle in the same way if you had a tracker fitted to the vehicle. Or just leave it in the glovebox all day

Graveworm

9,237 posts

101 months

Tuesday 2nd October 2018
quotequote all
Just Trouble said:
Afternoon all. I am after some advice regarding GPS tracking. I work for a company which has a fleet of vehicles that have GPS trackers fitted which are used by members of staff. I use my own personal vehicle for work and therefore the company can not fit a GPS tracker to my property.
I have received an email from work stating that I must use a GPS tracker which is attached to a lanyard to be worn around my neck. If I don’t use or refuse to wear this tracker then I will be disciplined and could ultimately be sacked.
My question is this legal? I know that tracking company vehicles is perfectly legal as this is company property. I however am not company property. Can you point me towards any legal precedent that shows this to be either legal or illegal to track a person/employee during work hours using GPS?
The company are dressing this up as for my own protection as it has a “panic” button which can alert a call centre, then they assess whether or not to call the emergency services if I am being attacked.
Thanks in advance for your response. Cheers.
JT
I had it at work, they gave me a phone which I had to carry and they had the ability to track that also the ability, in extremis, to turn it on as a microphone and listen. They could also track the car and get all kinds of telematics etc. I didn't have any choice its the same for of thousands of people. And I worked for the state so they had to comply with HRA I am sure it's fine for a private company.

deckster

9,631 posts

285 months

Tuesday 2nd October 2018
quotequote all
Just Trouble said:
The company dress it up as safety. We all have to make our own risk assessment at each dwelling. The company identify any risky residents and we only visit those in pairs. This is nothing to do with my safety they just want to snoop. Starting to feel like a criminal. Why not just stick a tag on my ankle and have done with it?
Username in 'making sense' revelation. The chances of your employer 'just wanting to snoop' is zero. You might not agree with their reasons, but they are almost certainly genuine and as already said they are entirely within their rights to do this.

anonymous-user

84 months

Tuesday 2nd October 2018
quotequote all
OP

(1) I think that you are making too much of this. The tracker could have a safety function (a small minority of social housing tenants may be of the grumpy punchy variety). It is probably also an anti-skive detector, but not illegit as such. Take the device off and leave it in the car when you are doing private stuff.

(2) If you are very cross about the issue, and cannot resolve it via discussion with the employer, resign.

anonymous-user

84 months

Tuesday 2nd October 2018
quotequote all
Just Trouble said:
J...

Illegal vehicle tracking practices
Conversely, the following practices are absolutely banned by vehicle tracking laws:
-...

- Tracking employees themselves: it’s the vehicle that’s tracked, not the individual human being.
This is from

https://www.companeo.co.uk/tracking/guide/vehicle-...

That is NOT an authoritative source, OP. On the point cited, it's wrong.

"Vehicle tracking laws" - No such thing.

Article 8 ECHR only applies when you have a reasonable expectation of privacy.

IAAL but IANYL.

48k

17,448 posts

178 months

Tuesday 2nd October 2018
quotequote all
Option 3 - use a company vehicle.

creampuff

6,511 posts

173 months

Tuesday 2nd October 2018
quotequote all
Does the tracker have an off switch?

It would be a practical problem if it kept tracking you, or tracked wherever you put it, outside of work hours.

Riley Blue

23,205 posts

256 months

Tuesday 2nd October 2018
quotequote all
Just Trouble said:
Hello Fella's thanks for your early replies. Unfortunately I can not switch it off once it has been turned on, it only stops when the battery dies (needs charging every night). No I don't carry valuables I visit properties for a Social Landlord. This just smacks of control freakery. Never ever had an issue with my work or working hours, quite the opposite. Mighty pissed off frown
If I was a lone worker calling on social landlord properties I'd be grateful my whereabouts were being monitored. My O/H had staff (mostly men) who did this before such gizmos were available and she advised them to always check escape routes, never accept a drink etc.

xx99xx

3,032 posts

103 months

Tuesday 2nd October 2018
quotequote all
If it really is a H+S requirement for staff safety to wear a tracker around your neck with a panic button, presumably they would be rolled out to all staff, not just you? If this isn't the case, you may be the victim of bullying/harassment with a valid grievance.

livinginasia

966 posts

140 months

Tuesday 2nd October 2018
quotequote all
For about £10 you can buy a GPS signal blocker that plugs into your cigarette lighter and will block their tracker device. You can then wear the tracker all day as requested - it just won’t work. Google maps won’t work either of course so you will need a good map ! :-)

768

20,678 posts

126 months

Tuesday 2nd October 2018
quotequote all
Breadvan72 said:
(2) If you are very cross about the issue, and cannot resolve it via discussion with the employer, resign.
I'm a stubborn bugger, I'd do this, probably forcing it to go the long way round via not taking it with me and going down the disciplinary route. Horses for courses though, it won't be worth it for everyone, which is how they get away with it.

Graveworm

9,237 posts

101 months

Tuesday 2nd October 2018
quotequote all
livinginasia said:
For about £10 you can buy a GPS signal blocker that plugs into your cigarette lighter and will block their tracker device. You can then wear the tracker all day as requested - it just won’t work. Google maps won’t work either of course so you will need a good map ! :-)
I am fairly sure the employer will take a dim view of employees committing crimes during the working day.