Vehicle Tracking and Human Rights: The Issues Explained

Over the years there have been numerous events and media attention focused on vehicle tracking and its implications on human privacy and human rights. This article will look at the relationship between the two and weigh up why in the past, controversy has arisen as a result of employers not getting to grips with one of the most important and heavily weighted parliamentary acts ever.

The issue of human privacy and the ways in which modern technology impede it has been widely debated for many years and nowhere more so than those debates surrounding GPS vehicle tracking. Originally developed by the US military, GPS tracking systems are now used across the globe by businesses and private individuals with tracking and security devices on their vehicles.

The key benefits or advantages of modern GPS tracking systems is that they can provide fleet managers with real time tracking data that both makes businesses more efficient, more environmentally friendly and importantly for most businesses saves them money on excessive fuel consumption and poor driving skills that lead to increased wear and tear on the vehicle in question.

For employees, however this constant real time tracking of their every move can in many ways be seen as an intrusion on their privacy but, and here comes the important bit, only if employers fail to tell them that the vehicle they are driving is fitted with a GPS tracking device. That is vehicle tracking is not recognised as intrusive if the individuals being monitored are aware that the tracking system is there.

Under Article 8 of the Human Rights Act ‘everyone has the right to respect for his private and family life, his home and correspondence’ which for employers provides a clear indication as to where the boundaries lie in relation to vehicle tracking. For employers who allow their employees to use their work vehicle in their personal time a series of communications must be agreed too.

Firstly, vehicle tracking enables employers to store and process data including details of how many miles the vehicle has travelled, where it travelled to, the amount of fuel used to get there and so on. Whilst all this information is a valued resource for fleet managers while the vehicle is being used for commercial purposes, many would argue that there is no need for employers to use this information if the vehicle is being used in an employee’s personal time.

However, many employees do not mind vehicle tracking systems being used during their private time so long as they know and understand what the tracking system monitors and why. Modern GPS tracking systems also allow fleet managers to switch between settings to enable employees to get some privacy, for example, the tracking system can still track number of miles travelled and general wear and tear on the vehicle but not actively show where the vehicle is keeping some element of privacy for the employee.

As mentioned previously, one of the key comforters for employees when vehicle tracking is introduced is what it is actually going to be used for, what is it going to monitor and why. Many employees may feel as though they are being spied upon and feel quite uncomfortable. The reality of this is that modern business owners are discovering the potential benefits that vehicle tracking can bring to an organisation and it is for these business benefits that the GPS systems are being utilised and not to simply keep an eye on their workers.

It should be noted that GPS tracking does help employers stay compliant with Duty of Care legislation and the Corporate Manslaughter Act by enabling them to stay in contact with mobile workers and know exactly where their employees are at any given time. Vehicle tracking in this instance then should be seen as a safety precaution and employees should feel safer in the knowledge that their employers are looking out for them.

In relation to the Data Protection Act and vehicle tracking the provisions apply to what happens to the data collected via the GPS tracking device including where it is stored and processed. For example, does everyone within the company have access to this information as employees may not wish to detail where they live to fellow employees therefore control of the data needs to be established from the outset.

Typically, support staff in the control rooms will have some access to general information collected by the vehicle tracking system. For instance, dispatch staff will need to see where their delivery vehicles are and how far from their destinations they are in order to provide a comprehensive service to their clients. Supervisors and managers are far more likely to want data related to financial gains and losses such as fuel consumption and prolonged stops.