GPS tracking technology may contribute to improving a company’s profitability, efficiency and safety record, but employers are obliged to act legally and to know the law.
Monitoring and recording of workplace movements of employees using Geographical Positioning System (GPS) devices within the workplace are on the rise thanks to the increasing availability and decreasing cost of this technology.
But employers need to understand the legal boundaries of monitoring their staff. The Workplace Surveillance Act 2005 (NSW) governs employer use of surveillance within the workplace. Employers’ actions must comply with the Act.
If they do not, their actions could be deemed to be covert surveillance, which is illegal. The surveillance information may also be inadmissible as evidence in Court proceedings, such as an employment or criminal law dispute.
To remain compliant with the law, an employer can only use surveillance devices to track an employee whilst they are “at work”. Prior to implementing surveillance, the employer must provide at least 14 days’ notice in writing to the affected employee (or a lesser period if the employee agrees), or for a new employee, prior to commencement of employment.
This written notice to the employee must include information such as:
- the kind of surveillance to be undertaken (e.g. a GPS device in a work vehicle for tracking purposes);
- how the surveillance will be carried out (e.g. installation of a GPS device in a work vehicle);
- when the surveillance will commence;
- whether or not the surveillance is continuous; and
- whether or not the surveillance period is ongoing or for a particular period.
When tracking a vehicle, there must be a clearly visible notice within the vehicle stating that it is subject to tracking surveillance.
