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European Court of human rights: Decision on the use of data collected by the GPS system installed in a vehicle used for work purposes

  • In Gramaxo v. Portugal judgment (no. 26968/1616), on 15 December 2022, the European Court of Human Rights established that it is legitimate the dismissal decided by the employer based on data collected by a GPS system installed on a vehicle used for work, to track the kilometres travelled. 
  • It is the first time the Court ruled on a case of surveillance at work through a geolocation system, setting out the criteria to ensure the correct balance between the rights of the employee and the employer and the possibility of using the data collected in the process.

The case concerns the dismissal of a scientific informant based on the data collected by the GPS, showing he had not completed his eight hours of work and had manipulated the GPS, even removing the GSM card from the device.

The European Court of Human Rights rejected the appeal considering that the plaintiff had been informed of the installation of the GPS: the employer had explained that the instrument served, in the context of control of company expenses, to monitor the kilometres travelled, including those relating to private journeys, with the clarification that disciplinary proceedings would be opened in the event of a discrepancy between the data recorded and those indicated by the employee.

Therefore, since only the geolocation data relating to kilometres travelled were taken into account, the interference with the applicant's private life was limited and proportionate to the aim pursued (the control of business expenses). 

According to the Court, there was no violation of Article 8 of the Convention of Human Rights because the national authorities struck a fair balance between the rights at stake and did not violate the positive obligation to guarantee the right to respect for the applicant's private life.

You can find other decisions related to privacy issues in the workplace, confirming the topic's growing importance.