Track & Trace solutions offer greater control and oversight to employers. But can an employer simply fit its commercial vehicles with a Track & Trace system? In this blog, All-Connects examines exactly what the law says.
Is track and trace legal?
New technologies always bring new questions. For example, "Can an employer simply monitor employees with geolocation and track-and-trace technology?"
Let's get straight to the point: there is no conclusive, targeted legislation on track-and-trace. However, employers must comply with the law of December 8, 1992 on the Protection of Privacy. Although the context of labor relations is quite complex.
Thus, two principles collide. On the one hand, you have the authority of the employer over his employee. On the other hand, that authority is limited by the right to respect the employee's private life.
Of course, one commercial vehicle is not the other. In fact, the issue is more sensitive for passenger cars than for trucks. After all, passenger cars can be used for private matters outside of work hours. And thus the employer may gain insight into the employee's private life.
What should the employer consider?
Although there is no conclusive legislation around track-and-trace, the Privacy Commission issued an opinion on September 7, 2005. We explain certain aspects in more detail below.
Formatting geopolitics
The employer must prepare a geopolicy in which it makes clear to its employees the way track-and-trace is used. Thus, it is important for the employer to inform its employees of the measures to be taken.
Does the company have more than 50 employees? And does the system have significant collective effects on working conditions? Then the employer must take into account the advice of consultative bodies. Furthermore, it is best for the employer to include the geopoly in the car policy or labor regulations.
Authorized purpose
The purpose of track-and-trace and geolocation must justify any interference with the employee's private life. For example, the Commission formulated the following purposes for the protection of privacy:
- Employee safety
- Service vehicle protection
- The optimization of business-related movements and transports
- If there is evidence of abuse by the employee, a check on his or her performance may be made only during working hours
Employee approval: necessary or not?
The aforementioned Article 5 of the Law of December 8, 1992, states that personal data may be acquired only when the person has given his consent.
In contrast, consent is not required when obtaining that data is necessary for the performance of thecontract to which the data subject belongs. For the activities of the company, in other words.
A private button ensures employee privacy when needed
To keep the church in the middle, All-Connects provides a private button in each tracking system. Once the employer uses the company vehicle outside working hours, they can press the private button.
In this way, he disables the tracking system and private mileage is no longer tracked. Disputes regarding the employer's inspection of the employee's private life are thus excluded.
Connect with us
Are you interested in a track & trace system for your business? All-Connects always works tailor-made. That's why we are happy to go over all your needs and wishes with you in a free and non-committal brainstorming session. You can easily contact us here.
