Due to the importance of data protection law for employee monitoring practices, a careful and considered approach must be taken when potentially highly intrusive methods, such as tracking employee vehicles, are used. Employees must be informed of the existence of tracking and how it operates, as well as being clearly informed of all the purposes for which their personal data is to be used, in advance of any such tracking being implemented.
- This means that the employer must clearly explain to the employee who is using the vehicle concerned, what records are being created, why those records are necessary, what they will be used for, how long they will be kept for, who will have access to them and for what reason.
- This information should be displayed prominently in every car, within eyesight of the driver.
- To rely on legitimate interest as the legal basis, ensure that the processing is strictly necessary and proportionate for the purpose of achieving that interest, and that the legitimate interest being pursued must be balanced against the rights and freedoms of the employee, including their reasonable expectations of privacy.
Details on guidance from Data Protection Commission Ireland in this article for OneTrust Data Guidance.