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No voluntary consent for the use of a “GPS tracker” in company vehicles

20/11/2019 by Maria Steindl-Schindler

In the course of an official examination procedure, it was noted in the decision of August 8, 2018 on GZ: DSBD213.658/0002-DSB/2018 that the consent of employees to the use of a GPS system for company-owned vehicles is not voluntary. In the case at hand, a “GPS tracker” was installed in company vehicles and the consent of the employees or drivers was used as an element of permission for processing. The responsible party cited protection and security of company property, facilitation of monthly billing with the leasing company, route planning and optimization, as well as an insurance bonus, but overlooked the fact that these factors could be considered in the context of an assessment of legitimate interests within the meaning of Article 6 (6) of the German Data Protection Act. 1 lit f can be taken into account, but not in the context of assessing the voluntariness of consent. In addition, the GPS data was stored for 93 days, making it possible to objectively profile the employee’s performance in terms of how quickly or punctually he or she completed trips. A clearly recognizable advantage through this GPS system was not apparent to the employee, which is why the controller was instructed in the result to bring the processing (use of the GPS system for company-owned vehicles) in line with the General Data Protection Regulation, since consent cannot be used as a basis for authorization in the present case due to the lack of voluntariness. This decision is not legally binding.

Category iconAustria,  GDPR Decisions

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