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Who has the right to know where I am?

Introduction

An employee's main task is to make deliveries with a service vehicle.

Trigger

The employer installed a GPS system in the service vehicle and then recovered the data from the system.

Incident

The employee realised that the employer could keep track and control his movements (breaks, etc.). He found this quite unfair.

Resolution

The employee can ask the employer the reasons for the use of a GPS system.  He must be informed by the employer before the implementation of the system.

Conclusion

The employer must justify his decision and explain what data will be collected in order to use such a system. He has no right to use the data for any other reasons. We can monitor the service provided by the worker; however it is illegal to monitor his behaviour.

timbre signification

Recommendations

The objective must be clear, and  the most adequate and less intrusive means to achieve this must be chosen. This measure must be the subjected to adequate communication.

Basic principles

LIPAD 38 and 42 ; LPD 4; 12, 13, 14 and 17 ; LTr 6 ; OLT3 26 ; CO 328 and 328b

The legality principles, good faith and proportionality (suitability, the necessity for these measures and the least intrusive); The principle of transparency of the data collection: the purpose of the collection must be recognizable; protection of workers

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