In a decision dated March 1, 2022, the data protection authority addressed the legality of the use of GPS systems in official vehicles. The complainant was employed by the respondent as a customer service technician. In this context, he was provided with a vehicle in which a GPS device was installed and which he was also allowed to use for private trips. The device was activated by starting the ignition of the vehicle and deactivated by turning off the ignition. In addition, there was a switch in the vehicle with which the device could be deactivated for private trips.
The data protection authority concluded that there was a lack of necessity or proportionality of data processing by a GPS system. While it has not been disregarded that the tracking system represents an administrative relief and an economic relief for the respondent, this alone cannot justify an appeal to Art. 6 par. 1 lit. f GDPR not be justified, since the purpose could also be achieved by more lenient means involving less data processing.
Likewise, data processing proved to be based on Art. 6 par. 1 lit. c GDPR or the provisions of the AZG raised by the respondent as inadmissible.
The decision is not legally binding.
Source: DSB Austria