In an era dominated by digital connectivity, employers are increasingly turning to technology to streamline operations, enhance productivity, and ensure the safety of their workforce. One such technology that has gained prominence in recent years is GPS tracking, particularly when implemented on employee smartphones. While GPS tracking can offer benefits such as improved fleet management, route optimization, and real-time location monitoring, it also raises important ethical and legal considerations, particularly regarding employee privacy. In this blog post, we’ll explore the intricacies of GPS tracking on employee phones and discuss the essential disclosures needed to maintain transparency and trust in the workplace.

Understanding GPS Tracking on Employee Phones

GPS tracking involves the use of Global Positioning System technology to pinpoint the location of an individual or object in real-time. When implemented on employee smartphones, GPS tracking allows employers to monitor the whereabouts of their workforce, whether they’re out in the field, traveling for business, or conducting deliveries. While the primary intent behind GPS tracking is often to improve operational efficiency and ensure employee safety, it can also raise concerns about privacy invasion and employee autonomy.

The Importance of Transparency and Disclosures

Transparency is paramount when it comes to implementing GPS tracking on employee phones. Employees should be told when and how their movements are being monitored, and withholding this information can erode trust and create liabilities. To maintain transparency and mitigate potential privacy concerns, employers should provide a clear and comprehensive disclosure regarding GPS tracking practices. These disclosure agreements should include:

1. Tracking Purpose: Clearly communicate the reasons behind implementing GPS tracking on employee phones. Whether it’s for route optimization, ensuring compliance with work schedules, or enhancing safety protocols, employees should understand the legitimate business purposes driving the use of this technology.
2. What is Being Tracked: Specify the scope of GPS tracking activities, including the types of location data that will be collected, the frequency of tracking, and the circumstances under which tracking will be activated (e.g., during work hours, while on company premises, etc.). Be transparent about any limitations or exceptions to tracking, such as during personal time off or when employees are on break.
3. Employee Acknowledgement: Obtain an explicit acknowledgment from employees before starting GPS tracking on their phones, where legally required. Explain if there is an option to opt-out (versus mandatory) of the tracking or if an employee can disable location services. In Florida, an employer is legally entitled to place GPS tracking on its own property, such as a smartphone.
4. Data Security and Confidentiality Protection: Assure employees that their location data will be handled securely and confidentially, in compliance with applicable privacy laws and regulations. Implement sufficient data security measures to protect against unauthorized access, misuse, or disclosure of tracking data.

Be aware that in 2023, Florida enacted a new law to regulate the installation of tracking devices, including GPS trackers, by private citizens, due to a rise in criminal stalking cases. Florida law criminalizes the use of a GPS device by a private citizen when it is done without his or her target’s consent. The punishment for the misdemeanor includes a fine and sentence of up to six months in jail. An owner or lessee of a motor vehicle may legally install, or direct the installation of, a tracking device or tracking application on such vehicle during the period of ownership or lease. With respect to smartphones, Florida law also has an exemption for a person acting in good faith on behalf of a business entity for a legitimate business purpose.

GPS tracking on employee phones can offer valuable insights and efficiencies for businesses, but it must be implemented with careful consideration for employee privacy. By providing a clear disclosure regarding the purpose, scope, acknowledgment and security associated with GPS tracking, employers can build trust and foster a culture of transparency in the workplace. The successful management of GPS tracking requires respect for employee rights and a keen awareness of potential legal complexities.