Safety of Property can be A Legitimate Interest for GPS Tracking, but the Measure must be Appropriate and Necessary

The appreciation of data prompted seven companies' vehicles to implement GPS following the arrival of an on-site training in 2009. Vehicles in the vehicle, expensive vehicles and insurance vehicle were purchased from the vehicle purchasing agent. The GPS application could not be accessed because the personal information of the users who were driving was kept in a separate record.

•  The Slovenian Supervisory Authority ("The Slovenian SA") was assessing whether data processing was lawful in accordance to Article 6.1 (f) of the GDPR – legitimate interests.
• Slovenian SA confirmed that providing safety of property can be in a legitimate interest of the data controller, but the controller did not demonstrate that the way the measure was carried out was appropriate and necessary. It was found that GPS tracking was carried out also while the vehicle and the property in it were under constant and direct supervision of an employee.
• Slovenian SA decided that in the specific case GPS tracking could only be used in a way that the driver could turn on the GPS on the location where the vehicle, the equipment and the documents could be at risk and turn it off after returning to the vehicle, when the protected goods were again under direct supervision of an employee.
• Slovenian SA decided the controller did not demonstrate legitimate interests according to Article 6.1 (f) and that the GPS tracking was not in accordance with the principle of data minimisation (Article 5.1 (c) of the GDPR).  
• Slovenian SA ordered the controller to stop processing the data of employees that were collected by continuous, systematic and automatic GPS tracking.

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Zumbul Attorneys at Law

info@zumbul.av.tr