The Legal Basis for Tracking Staff
Location data about identifiable workers is monitoring. What that means for the basis you rely on, and why consent is the weakest option available.
Reference
The legal position
Enforcement in this area has turned on the same question repeatedly: was the amount collected necessary for the purpose stated. The answers have been consistent.
10 notes, in reading order
Telling People What Is Tracked
Covert tracking is unlawful in practically every jurisdiction that regulates this. What a notice has to say to be worth anything.
Procedure
Consulting Before You Deploy
A requirement in several jurisdictions and the step that most improves the design. What to consult on, and what the answers change.
Procedure
The Impact Assessment
Location monitoring of staff will generally require one. What it has to contain, and why the proportionality section is where deployments fail.
Procedure
How Long to Keep It
Route history has a short operational life and a long liability. Setting a period per purpose, and the deletion that has to actually happen.
Procedure
Who Can Look, and When
Live position visible to everyone all day is the default configuration and rarely the right one. Access designed around the actual operational moment.
Procedure
When Someone Asks for Their Own Data
Location records are among the most requested categories, usually during a dispute. What you will need to produce, and the rehearsal worth doing first.
Procedure
Subcontractors and Self-Employed Drivers
Tracking people who are not your employees raises a question about their status that the tracking itself can answer badly.
Analysis
Drivers Who Cross Borders
International haulage and cross-border service work put one vehicle under several legal regimes, which differ on exactly this subject.
Analysis
Writing a Notice People Actually Read
The transparency requirement is met by a document nobody reads and defeated by it. What a usable version contains.
Procedure