The Laws on Vehicle Trackers
Vehicle tracking devices are great for monitoring employees, new drivers and family members. There is some degree of uncertainty regarding the application of specific legislation in the case of tracking devices, however you should always comply with privacy and human rights laws. To lawfully use a tracker you must follow these rules.
Legal requirements of tracking device use
Placing a tracker in a car in a way that does not contravene other legislation such as vehicle interference.
To collect personal data that can be used to identify an individual as defined under the 1998 Data Protection Act requires the collector to be registered with the ICO and have a DPA number.
You must install the tracker in a public space, or a space where you have implied private access, and not the home of the person being tracked.
If commercial vehicles may be used for business and private purposes, you must notify the driver of the tracking device and explain how to turn off tracking when the vehicle is in private use.
You are obliged to take into account privacy laws as explained on the Data Protection act and any Human Rights Acts.
Legal use of vehicle trackers
Tracking vehicles you own as used by others such as employees to monitor usage in business hours.
Tracking vehicles you do not own for a legitimate reason, providing you either place the device on the outside of the vehicle, such as underneath the bumper, or if you have lawful access to the inside of the car.
The vehicle is not allowed to be exclusively tracked on private property.
You could obtain the same information about the vehicle via physically trailing it.
The vehicle is not situated on property owned by someone else that you do not have right of access to during deployment of the tracker.
The use of the tracker is used in a manner proportionate to the extent needed to gather information.
What is illegal use of a vehicle tracking device?
Placing a tracker on the inside of a vehicle you do not own.
You need to break into the vehicle to install the device.
You would have to physically hard-wire the device in the vehicle.
The vehicle is situated in a place where the driver would have a reasonable expectation of privacy, for instance in a personal garage.
If used to trespass on others’ property or for purposes that may be deemed harassment or any other illegal use.
Use of a tracker in a way not relative to the need to gather information.