Is the permanent geolocation of the company vehicle valid?
BY Lefebvre, 04:15 – 12 July 2021
The Superior Court of Justice of Madrid affirms that the establishment of a geolocation system that records the moment when the vehicle starts and stops and where it is physically located, is an adequate and proportionate means of monitoring and control. This does not affect privacy, if the system does not capture any circumstance of its occupants, and other checks are carried out exclusively during the working day.
In most of the cases considered, it is considered that although the geolocation of the vehicle is permanent, the analysis of the device is limited to obtaining the journeys made during the worker’s day. In addition, this geolocation data does not have the capacity to reflect any personal situation of the worker, only the physical location of the vehicle.
For this reason, in such cases, the Superior Court of Justice does not assess an infringement of fundamental rights. Likewise, he considers that the use of geolocation data which made it possible to verify the falsity of the communications while working to collect daily allowances is appropriate, underlining the fraud and disloyalty which justified the commercial decision to dismiss him disciplinarily.
More information: Lefebvre
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