GPS Tracking in work vehicles: Make sure it's legal!
Written on the 24 May 2012 by Gavin Hanrahan
Are you thinking about using GPS tracking devices?
GPS vehicle tracking is becoming more common in the work place. Over the last few years the costs involved with installing GPS tracking devices in work vehicles has decreased, allowing small to medium business owners to begin tracking their fleet.
However, while using GPS software to track the movements of employees may sound like a good idea, it is not without risk to the business owner.
In NSW, if the surveillance of work vehicles is not compliant with the Workplace Surveillance Act ("the Act"), it is deemed to be 'covert surveillance' and illegal unless authorised by a Magistrate...and any evidence that may have been obtained using covert surveillance will not be able to be used in any subsequent proceedings (eg. to defend an unfair dismissal claim).
The notice must indicate:
(a) the kind of surveillance to be carried out (GPS for tracking purposes), and
(b) how the surveillance will be carried out (via the installation of a GPS tracking device), and
(c) when the surveillance will start, and
(d) whether the surveillance will be continuous or intermittent, and
(e) whether the surveillance will be for a specified limited period or ongoing.
If you have any questions regarding this topic, please don't hesitate to call Gavin Hanrahan or Andrew Bull on (02) 4904 8000 or email us. A member of our team will endeavour to respond to your enquiry within 24 hours.
Author: Gavin Hanrahan