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? ›

There are no state laws prohibiting or limiting GPS tracking in New Jersey.

Is it legal to track employees with GPS? ›

California. This state has some of the strictest privacy regulations regarding tracking employees via GPS. According to the state's Penal Code Section 637.7, it is illegal to monitor the movements of any person without their consent. This regulation applies regardless of who owns the vehicle - employee or employer.

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, ...

Should companies use GPS to track employees? ›

Yes, employers can use GPS to track the location of their employees, but they must have a legitimate business reason for doing so and they must provide clear and adequate notice to their employees.

Which states have laws prohibiting GPS tracking? ›

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.

Do you need permission to track someone? ›

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However, most phone tracking apps require permission from the target device owner to install and use. This can be a problem if you need to track a phone without the owner's knowledge or consent.

Can my company track me without telling me? ›

Some state laws establish that consent is a requirement. As far as federal legislation is concerned, employers have no legal requirements to disclose that they are being monitored to their workers.

What is considered a violation of privacy in the workplace? ›

Under California law it is a crime for an employer to eavesdrop confidential communication or record a conversation without your permission. If you believe that your employer is in violation of your rights, it may be in your best interest to contact a Los Angeles Employment lawyer and schedule a free consultation.

Is employee monitoring an invasion of privacy? ›

Federal privacy laws, as well as most state privacy laws, give discretion to employers regarding how far they can go with employee monitoring programs. In some cases, depending on state and local laws, employers don't have to inform employees they're being monitored.

Can my employer monitor my personal devices? ›

By tracking their employees, companies think that they are keeping their business safe. In the United States, a law called Electronic Communications Privacy Act of 1986 prohibits the interception or monitoring of electronic devices. This includes, of course, computer, telephone, and internet usage.

Can my employer GPS track my phone? ›

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.

What your boss can track? ›

Every company is different, but there are some general things that most employee-tracking software can do: The things most bosses are tracking are: Your Email. Your Focus and Activity. Your Browser.

Can I sue someone for putting a tracker on my car? ›

Can you use a GPS tracker on someone else's vehicle without their permission? Absolutely not. It is illegal in all 50 states to put a GPS tracker on someone else's vehicle without their permission. It is not only illegal, but it opens you up to all sorts of potential civil lawsuits for violations of privacy.

What does GPS allow law enforcement? ›

Equipping police vehicles, firearms, and even officers themselves with GPS devices allows command centers to monitor their location in real-time. In emergency situations, this capability is crucial for dispatchers to coordinate a swift and effective response, ensuring the safety of officers and the public.

What does a GPS tracker look like? ›

Compact Design: Wireless GPS trackers are small and discreet, often resembling matchboxes or decks of cards, making them easy to hide within a vehicle's interior. Magnetic Casing: Many trackers feature magnetic casings, allowing them to slide under the vehicle and attach to the frame securely.

Is it illegal for a boss to track your work phone without me knowing? ›

Can my employer track my phone? Essentially, yes, as they have the legal right to do so if it's a company phone. Like any other company device, an employer can use phones to monitor the activity of their employees, including their call history, the content of their emails and text messages and which apps they use.

Is it legal for a company to track your work phone? ›

Generally, employers are in their right to track activity on company-owned devices. In other words, if you provide smartphones or laptops to employees, you are allowed to track activity via GPS or IP address. This can even extend to devices taken off the premises or used in off-work hours.

Is it legal for my boss to track my phone? ›

Yes, In many jurisdictions, employers are legally allowed to track company-owned devices, such as company-provided smartphones, tablets, or laptops. However, tracking personal devices without consent is generally considered invasive and may be illegal in some places.

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