Legalities of vehicle tracking

FRANK A

would anybody know the legal aspects on employers fitting a tracker on a van ....re... monitoring ....speed , fuel , time keeping... privacy of drivers,
would an employer be allowed to up grade from a basic tracker for theft.... to one that could be used to follow an employee for the purpose of dismissal ....

slimjimmc

Post split out from old thread and moved to Legal Discussion

Fred Swanson

This post has been deleted.

Ken.

Here's what the data protection commissioner has to say on the subject.

https://www.dataprotection.ie/docs/FAQ__Vehicle_Tracking/924.htm

The use of vehicle tracking systems involves the collection of personal data as they record the location of the individual in charge of a vehicle at any particular time.

An organisation using or considering using such a tracking system must be able to demonstrate that there is a good business reason for such surveillance.

The individuals affected must be informed of the surveillance and its purposes.

If personal (non-work-related) use of a vehicle is permitted, it should be possible to disable or mask the tracking system outside of working hours.

esforum

As fred said, once you are informed its all above board

FRANK A

looking for more information....(.use of the van permitted.... never told about privacy button..)
what if an employer tells a driver in writing... that the company is fitting a tracker because of insurance purpose...
then 2 years later...without any notice new management up grades tracker for collection information like.... fuel usage....time keeping...monitoring speed and breaking....is this a case of invasion of privacy ....? and what rights dose the employee have...?

Victor

Realise that the driver is at work and has reduced privacy rights. The driver has charge of a substantial asset of the employer. Whether the employee is dossing between tasks, making unscheduled stop or driving erratically is the employer's business.

* fuel usage - I take it that the employer is paying for the fuel.
* time keeping - I take it that the employer is paying the wages.
* monitoring speed and breaking - isn't this what the insurance is about in the first place? Detecting erratic driving. Realise that some insurance settlements recently have come in near the €10 million mark. Worth a lot more than a van and a few boxes.

Mr.Carter

FRANK A wrote: »

looking for more information....(.use of the van permitted.... never told about privacy button..)
what if an employer tells a driver in writing... that the company is fitting a tracker because of insurance purpose...
then 2 years later...without any notice new management up grades tracker for collection information like.... fuel usage....time keeping...monitoring speed and breaking....is this a case of invasion of privacy ....? and what rights dose the employee have...?

They are gathering more data than agreed, they should engage with all van drivers using this device, failure to disclose what, why and type of data been collected, it could backfire on them.
Most of these systems and data are not generally allowed be used for disciplinary procedures.

Aka Ishur

Mr.Carter wrote: »

They are gathering more data than agreed, they should engage with all van drivers using this device, failure to disclose what, why and type of data been collected, it could backfire on them.
Most of these systems and data are not generally allowed be used for disciplinary procedures.

Just to clarify, the data would not be allowed to be used on its own for discipline but if an issue arose it could certainly be referred to.

Mr.Carter

Aka Ishur wrote: »

Just to clarify, the data would not be allowed to be used on its own for discipline but if an issue arose it could certainly be referred to.

Also depends on union or local agreement with what type of data is legally allowed be gathered..i.e.
Company says, GPS is for vehicle security only.

GM228

Mr.Carter wrote: »

Also depends on union or local agreement with what type of data is legally allowed be gathered..i.e.
Company says, GPS is for vehicle security only.

Do you mean it's up to the union what data can be collected (subject to it been actually legal in the first place), because otherwise only the law makers can decide what's legal to be collected.

Calahonda52

ken wrote: »

Here's what the data protection commissioner has to say on the subject.

https://www.dataprotection.ie/docs/FAQ__Vehicle_Tracking/924.htm

The use of vehicle tracking systems involves the collection of personal data as they record the location of the individual in charge of a vehicle at any particular time.

An organisation using or considering using such a tracking system must be able to demonstrate that there is a good business reason for such surveillance.

The individuals affected must be informed of the surveillance and its purposes.

If personal (non-work-related) use of a vehicle is permitted, it should be possible to disable or mask the tracking system outside of working hours.

Perhaps and hopefully it is this:
The use of vehicle tracking systems involves the collection of personal data as they record the location of the individual in charge of a vehicle at any particular time.

Calahonda52

FRANK A wrote: »

looking for more information....(.use of the van permitted.... never told about privacy button..)
what if an employer tells a driver in writing... that the company is fitting a tracker because of insurance purpose...
then 2 years later...without any notice new management up grades tracker for collection information like.... fuel usage....time keeping...monitoring speed and breaking....is this a case of invasion of privacy ....? and what rights dose the employee have...?

the privacy button is a desirable option, as long as the data from outside of hours is not used and its not being abused: for example weekend trips to the holiday home in Donegal from Dublin would be out of scope.

In addition private use may be permitted but it creates a BIK issue for both the company and the employee so perhaps you can be more specific about whats at issue here rather than supposing

Mr.Carter

GM228 wrote: »

Do you mean it's up to the union what data can be collected (subject to it been actually legal in the first place), because otherwise only the law makers can decide what's legal to be collected.

If there is an agreement in place with a union or local agreement it can be legally binding, and it cannot gather data beyond what's in Law but it can be restricted to gather less, by agreements.