Is it legal to install a GPS locator in someone else's car?

Since these devices are becoming more accessible in terms of price and also easier to use, it is not surprising that doubts arise as to whether a GPS locator can be installed in the vehicle from someone else.

This is a fairly current legal dilemma for which the legislation did not have a specific regulation. It has been the regulations on data protection that have come to assess these issues to determine when it is legal or not to use this type of device, and the jurisprudence that has gone establishing certain requirements and parameters of use.

 

Geolocation, the fashion term

Lately we have heard quite frequently about geolocation, which uses technology to determine the real physical location of a person. It is a very useful system both at a business level and at a private level.

In our day to day, thanks to geolocation we can easily reach any place on foot or by car. It is enough to connect the GPS to an app so that the device detects where we are exactly and traces a route that will take us to our destination.

In the business field, geolocation is used for different purposes. Obtaining information about a person's location can be useful in designing new transportation routes. It also serves to verify that workers are fulfilling their work obligations, and even to do marketing.

Today we can obtain data on a person's real-time location thanks to their mobile, but also with specific devices such as a GPS locator. But is this always legal?

 

 

Considerations on the legality of installing a GPS locator in another person's vehicle

A GPS car locator is a small device that is installed in a vehicle and provides us with information about its movements and its exact location. This geolocation, which can be very useful in an emergency, can also be used for illegal purposes.

The General Data Protection Regulations (GDPR) in force in the European Union states that all information about a person who help to identify it, is considered personal data. In addition, Directive 2002/58 establishes that location data can help identify a person, so they are expressly considered personal data.

Consequently, the Spanish Data Protection Agency considers that location and location information is personal data and should be treated as such. This means that obtaining this information fraudulently, or to give it uses that are not legally permitted, constitutes an infraction that can lead to a quite high fine.

This leads us to differentiate between two different situations:

Install a GPS locator in someone else's car at a private level

Place a deviceGeolocation site in the car of an individual (a neighbor, your partner, a co-worker, etc.) is always totally illegal. This is an espionage action and could even be considered harassment.

Only members of the Security Forces and Bodies and investigation professionals can use locator beacons in third-party cars, and only in very specific cases and in order to obtain evidence related to a crime

 

Install a GPS locator in a company car

Companies and freelancers usually have fleets of vehicles that are necessary to carry out their activity. These are trucks, vans, cars for commercials, etc. In these cases it is understood that the locator pursues a legitimate purpose, which is to protect the vehicle against possible theft, ensure that employees do their job, or obtain data to establish more efficient routes.<

The Workers' Statute itself empowers the employer to adopt the surveillance and control measures that it deems appropriate to verify that its employees comply with their obligations, respecting in all cases the their fundamental rights. Therefore, installing a GPS locator in these cases it is legal, but a series of requirements must be met.

 

Requirements to install a GPS locator in a company vehicle

• If the vehicle is owned by the company and used exclusively for work tasks, the employer is obligated to inform the worker that it is equipped with a location system, but does not need his consent to install it, use it, or to treat the data obtained. Consent is not required because in this case it is understood that it is granted when the employment contract is signed.
• If the vehicle is owned by the company, but the employee is allowed to use it in his personal life, it is mandatory that the worker be informed of the installation of the GPS tracker, but the consent of the worker is not required . Since the employee is informed that his movements are being monitored, it is up to him to use the vehicle in his private sphere or not. However, data protection regulations require that location systems be disabled outside working hours.
• If the vehicle is owned by the worker and he makes it available to the company, the same requirements apply as in the previous case.
• In the case of completely private vehicles and also for exclusively private use, the company may not install a GPS locator under any circumstances, even if the employee also uses his car to attend to his work obligations.

 

 

 

Obligation to inform , what happens if it is breached?

The legislation establishes that, in those cases in which locators can be legally installed in vehicles owned or used by third parties, the user of the car must be expressly informed , precise and unambiguous. That is, the driver must be fully aware that his movements are being tracked. </ P>

The jurisprudence is very clear in this regard. Although the use of the device is legal according to the regulationsIn force, if the duty to inform the worker has not been fulfilled, the data obtained will be considered as a violation of the right to privacy . It is something similar to what happens when video surveillance cameras are installed in a workplace.

This implies two things. On the one hand, that the employer is violating the rights of its employees, which can make them responsible for an infraction and lead to the payment of compensation. On the other hand, the evidence obtained through this geolocation will have no legal value as it is considered null and void.

That is, it could happen that an employee is using the company vehicle for private trips when he does not have permission to do so, and that he is fired for this reason. But if the company has not notified you that the car had a GPS locator, the evidence will be void and therefore the dismissal will be declared void. Moreover, the worker could request compensation from the company for having violated his privacy. </ P>

 

Principles that must be respected when using GPS locators in vehicles

The issue of geolocation within the workplace has given rise to multiple legal proceedings in recent years. Some of them have even reached the Constitutional Court, which has allowed this body to develop criteria that make it possible to determine if the installation of geolocation systems and the use of the data obtained are really legitimate.</ p>

In those cases in which the use of geolocation devices via GPS is legal, it is essential that fundamental rights have been fully respected in their use. For this, it will be necessary to monitor whether the following principles are met:

• Proportionality: refers to the need for the measure to be balanced and report more benefits for the general interest than harm for the individual. In general terms, it is understood that there is proportionality if GPS tracking is used to ensure that the employee complies with his working day or if what is sought is to analyze different transport routes to find the most efficient ones.
• Suitability: implies that the locator must be capable of achieving the purpose for which it is being used.
• Necessity: means that there is no other measure less harmful to the privacy of the person that can achieve the desired purpose.

 

 

Spying on individuals with a GPS locator can be expensive

We have already seen that in the case of a company using a GPS locator not following legal requirements and jurisprudential criteria can have important consequences. But things are even more serious if someone in a private capacity decides to use a device of this type to follow the movements of another person, something that has already happened.

At Espiamos we always advocate for the legitimate use of spy devices, but we are aware that not everyone is willing to do so. For this reason, we do not want to end this article without raising awareness about the importance of refraining from spying.

We are going to see two cases in which installing a GPS locator in another person's car has ended up being considered a crime.

 

Restraining order for using a GPS locator inyour ex-partner's car

In 2017 the Court for Violence against Women in Palma sentenced a man to a four-month fine and a restraining order for having spied on a his ex-wife through a GPS beacon that she discovered in his vehicle.

The convicted person had already carried out different harassing behaviors such as constant calls and sending photos in which the woman could be seen in the company of other people. The victim could not explain how the stalker knew where she was going to be and would show up where she was with friends or family. She finally decided to do a thorough inspection of her vehicle and discovered the GPS locator taped together, which she immediately reported.

The case reached the Violence against Women Court, which understood that there was a situation of harassment and ended up sentencing the defendant.

 

Prisonment for spying on his ex-wife with a GPS spy beacon

An a case similar to the previous one occurred in Almería, although on this occasion the situation ended with the defendant being sentenced to serve nine months in prison

The person responsible for the crime had a restraining order from his ex-wife, but he managed to install a GPS locator in his car with which he intended to have direct control over her and to know what he was doing and where he was going. Taking advantage of that information to provoke encounters with his ex-partner. </ P>

It was eventually discovered that he had resorted to installing a GPS locator, because there was no other way he could have known where the victim was going to be. This conduct implied a violation of the restraining order, for which a Criminal Court sentenced him to nine months in prison.

In case these examples are not enough to deter anyone who is thinking of installing a GPS locator in another person's car illegally, it is necessary to add that there are different ways of detect a GPS locator, so there is a good chance that the device will end up being discovered, no matter how well hidden it is.

 

Where to buy GPS trackers for vehicles ?

Now that we have solved all the doubts about the installation of these devices, if you are going to use them legally and for a legitimate purpose, you will be interested to know that in Espiamos we have the most modern GPS locators.

Perfect to install them in your business vehicles and even in your private vehicle if you want to improve security and make sure that you will find it in case it is stolen.

We are at your disposal from Monday to Friday in our physical store in Madrid and every day of the year through our online store of spy articles . We will advise you on everything you need.