Monitoring Employees Through GPS: Is it Legal? (2024)

Like most people, you probably have a smartphone. And like most people, you use your smartphone for many things, like checking email, browsing the internet, and using apps. But did you know that your employer can track your phone’s location?

What is GPS Tracking?

This system employs the Global Positioning System to pinpoint the precise location of a person, vehicle, or other assets to which it is attached and to record the asset’s position at regular intervals.

The recorded positions can be retained within the tracking unit or transferred to a central monitoring station. GPS tracking is used for various applications, including fleet vehicle tracking, asset tracking, and personal tracking.

GPS Personal Tracking

This technology uses the Global Positioning System to determine a person’s exact location and record the person’s position at regular intervals.

GPS personal tracking units come in a variety of shapes and sizes. Some are small enough to be worn on a belt or in a pocket, while others are larger and must be carried in a backpack or purse. When it comes to personal phone tracking, the most popular type of GPS tracker is a phone app.

Many phone apps allow you to track another person’s whereabouts. All of these apps, however, share one feature: they use GPS to determine the location of the person being tracked.

GPS personal tracking systems are commonly used by parents to track the whereabouts of their children, by companies to track the whereabouts of their employees, and by law enforcement organizations to track the whereabouts of criminal suspects.

So, if you are wondering whether or not your employer can track your personal phone location, the answer is yes.

Is It Legal for A Company to Track Your Personal Phone?

The legality of employer phone tracking is a bit of a grey area. The main issue is employee privacy rights versus the company’s need to protect its interests.

Employers are within their rights to track employee phone usage for business purposes. This might include tracking work-related calls and texts, monitoring internet usage, or even using GPS to track employee location.

However, there are some limits to what employers can do. For example, they may be unable to track employee phone activity if it violates state or federal laws. Additionally, employers may need to get consent from employees before monitoring their phone usage.

Tracking Work Phones

If your employer provides you with a work phone, they likely have the ability to track its location at all times. This is because most work phones are set up with management software that allows employers to access and manage the devices remotely.

Depending on the software in use, employers may be able to trace the position of a work phone even when it is not in use. Some management software, for example, can provide employers with periodic information on the status of a work phone, even while it is switched off.

In other circ*mstances, employers may only be able to track the whereabouts of a work phone while it is turned on and linked to the internet. Even this can provide employers with a fair amount of information about an employee’s whereabouts.

Why Would an Employer Track Your Work Phone?

  • For safety purposes. If an employee is working in a potentially dangerous environment, tracking their work phone can help employers ensure they stay safe and out of harm’s way.
  • To keep track of company property. Since the employer typically provides work phones, they technically belong to the company. As such, employers may want to track work phones to ensure they’re not being misused or taken out of the workplace without permission.
  • To keep tabs on their employees’ whereabouts and activities. This can help ensure that employees are working during their scheduled hours and track down employees who may have gone missing during working hours.

While there are a few legitimate reasons why an employer might want to track the location of their employees’ work phones, it’s important to note that this practice can also be abused. Employers should make sure that they have a valid reason for tracking work phone location data and that they only use this information in a way that benefits their employees.

Tracking Personal Phones

Employers may also be able to track the location of an employee’s personal phone if it’s used for work purposes. For example, many employers require employees to use their personal phones for work-related tasks such as checking email, scheduling appointments, and accessing work documents.

How Can an Employer Track an Employee’s Personal Phone?

Employers can track an employee’s phone if it is connected to the company’s network. However, there are some limitations to what employers can do. For example, they cannot track an employee’s location unless the employee has given permission.

They can also use a mobile device management (MDM) system. This system allows employers to access and manage employee phones remotely. They can also use a tracking app installed on the phone that tracks the user’s location.

Can My Employer Monitor Employee Internet Activity?

Employers can monitor employee internet activity as long as they have a valid business reason to do so. However, there are some exceptions to this rule. For example, if an employer monitors employee internet activity to discriminate against a protected class of employees, such as racial minorities or women, that would be illegal.

Monitoring Employees Through GPS: Is it Legal? (2024)

FAQs

Monitoring Employees Through GPS: Is it Legal? ›

Doubtful without your consent, unless you are in a company vehicle or using a company phone. Then they could legally track their own property, and might assume you are in or have the property.

Is it legal for employers to track employees with GPS? ›

California strictly limits GPS tracking to protect individual privacy, including for employees. It's a criminal invasion of privacy in California to use GPS tracking to determine the location or movement of a person without their consent.

Is it illegal for employers to monitor employees? ›

Federal law allows employers to monitor their employees as they perform their duties. But Lewis Maltby, president of the National Workrights Institute, says that where employees are being monitored matters. If an employer wants to place a microphone in the office to listen to workers all day, that is legal.

Do GPS devices constitute an invasion of employee privacy? ›

A civil claim for intrusion into private affairs requires: (1) an intentional intrusion “into a place, conversation or matter as to which the plaintiff has a reasonable expectation of privacy”; (2) “in a manner highly offensive to a reasonable person.” In order for GPS tracking of employees to meet this standard, ...

What two states require employers to notify employees of monitoring they are? ›

Only four states currently have compliance requirements for formal electronic monitoring notices. Connecticut, Delaware, New York, and Texas have clear-cut protocols for limitations surrounding workplace monitoring and the way employees need to be informed of monitoring protocols.

Can my employer track my location without my consent? ›

Employers must obtain explicit permission from their employees before using any form of GPS tracking to monitor their movements.

Can my employer monitor me at work? ›

Employers are not allowed to monitor workers everywhere (not in the toilet, for example). If they don't respect this they could be in breach of the Data Protection Act. Read the advice on workplace disputes or talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice for more advice.

Can I sue my employer for spying on me? ›

Under California law, employers can be sued if they violate their employees' reasonable expectation of privacy. However, there must be evidence of the following: The employer violated the employee's right to privacy. The employee had a reasonable expectation of privacy.

What protection do you have against being monitored by your employer? ›

The two main restrictions on workplace monitoring are the Electronic Communications Privacy Act of 1986 (ECPA) (18 U.S.C. Section 2511 et seq.) and common-law protections against invasion of privacy.

Do you have to tell employees you are monitoring them? ›

Employers must notify employees of computer and internet monitoring and obtain their consent unless monitoring is necessary for business-related purposes. Monitoring should be limited to work-related activities, and employees should be aware of the types of activities that are monitored.

What are the ethical issues with GPS monitoring? ›

Knowing where a person is at any time can infringe a person's basic freedom as such because the system can provide information about an individual even without their consent. At present there are no laws that are violated by tracking a person as such.

Is GPS a privacy concern? ›

These small but powerful devices offer several benefits, including locating lost or stolen items, tracking vehicle fleets, monitoring employee movements, or even tracking the activity of loved ones. Nevertheless, GPS trackers can pose a risk to privacy if used without proper consent or safety measures.

Is it illegal to track someone without their permission? ›

In six states (California, Florida, Hawaii, Louisiana, Minnesota, New Hampshire and Virginia) laws more broadly prohibit the use of electronic tracking devices, not just on vehicles, and not just in the context of stalking, but when they are used to determine the location or movement of a person without consent.

What is the federal law on employee monitoring? ›

Provided the employer complies with federal and state notice and consent requirements, the employer generally has the right to monitor work-related activities (such as work email) during work hours on such devices. These employers should make this clear in the notice and consent form.

Is remote employee monitoring legal? ›

The Electronic Communications Privacy Act (ECPA) and the Stored Communications Act play significant roles in governing electronic monitoring activities on company-owned devices. These laws allow employers to monitor all activities carried out on company computers, even when employees are working remotely.

How do you know if you are being monitored at work? ›

Six things you can do to get a sense of whether your employer is watching what you do on your devices.
  • Know what tech is riskiest.
  • Check your devices for tracking software.
  • Inspect your extensions and apps.
  • Understand your network.
  • Don't trust apps you use for work.
  • Know your rights.
Jun 13, 2024

Can an employer track you without your knowledge? ›

Employers must notify workers of any electronic monitoring and obtain their consent unless it is necessary for business-related purposes.

Can companies track their employees? ›

Provided the employer complies with federal and state notice and consent requirements, the employer generally has the right to monitor work-related activities (such as work email) during work hours on such devices. These employers should make this clear in the notice and consent form.

Can you track employees' location? ›

Isn't it illegal to track employees' locations? Many businesses that operate on-site need to know that employees are at their specified work locations. Broadly speaking, it is not illegal to track your employees' attendance during work hours.

What is the law on GPS tracking in Texas? ›

The Texas Penal Code Ann §16.06 emphasizes the unlawful act of installing a tracking device on a vehicle owned or leased by another person without their consent.

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