GPS in the workplace: measures to be implemented

Global Position System, or GPS for short, is a technology that enables the remote and real-time tracking of a device's movements by aggregating information from satellites. In the past, GPS was commonly associated only with company vehicles, but thanks to technological advancements, it has become possible to deploy location systems on any device connected to the network.

In Italy, these instruments are subject to a dual regulation, that of Article 4 of the Workers' Statute and that of the Privacy Code. In fact, the last paragraph of Article 4 of the Workers' Statute expressly refers to the application of the Privacy Code.

According to Article 4 of the Workers' Statute, the location of the localisation system covers an undefined area. As a result, it is complex to establish in advance whether GPS should be included among the tools that are indispensable to facilitate the performance of work (second paragraph of Article 4 of the Workers' Statute, think of a trucking company), rather than categorising it among those that could potentially lead to remote control of work activities, (first paragraph of Article 4 of the Workers' Statute).

The Garante per la Protezione dei Dati Personali has tried to solve this problem. In 2011, it ruled that if GPS is added to a device that the worker normally uses, then it is considered a tool from which control can arise. And in this case, ...