In order to use these devices, workers must be aware that they will be located by GPS. It is necessary and obligatory that they are informed of this fact, otherwise it would be illegal. Workers must also be informed of the purpose of geolocation, that is, what the purposes are , for example for the management of the vehicle fleet, such as saving time or fuel.
Geolocation of workers
If a company uses a GPS device on its employees, it must take into account a poland telegram series of principles, since geolocation conflicts with the right to privacy and data protection:
Suitability
Proportionality
Need
It should be noted that the company can only know the location of its employees during working hours , never outside of working hours. Therefore, a vehicle with a GPS device installed must have the option to deactivate it when used for private purposes. It is the device that is geolocated, not the person.
The Supreme Court itself has ruled on this aspect: " the use of data obtained by a GPS geolocation system installed in the company vehicle is lawful as long as the employee is informed of the installation of the device, the use of the car is restricted to work activities and only information is collected on the movement and location of the vehicle ."
Yes, as long as the company has consented . The employer must authorize this use, otherwise the employee cannot use the car outside of working hours.
If the employee has the company's consent, the company would not be able to use the geolocation device outside of working hours because it would violate the right to privacy.
But what happens if the company suspects that the employee is misusing the company vehicle? Can it use geolocation?
The answer is given by the Supreme Court in a recent ruling indicating that it is permissible for the employer to verify that the company vehicle is not being used by the employee outside of his normal working hours or during a period of sick leave, through geolocation. But this information may only be used when there are well-founded indications that the employee is not fulfilling his work obligations.
Conclusion
Any measure that may violate employees' rights to privacy and protection of personal data must comply with data protection regulations.
Workers must be informed that they will be geolocated during their working day, always under the principles of proportionality, suitability and necessity.
If there are reasonable grounds for indicating that the employee is not fulfilling his or her work obligations, the company may use geolocation to verify this.