Is GPS monitoring of employees allowed?

In this day and age, it is becoming increasingly easy to locate people. It is easy to find out where the person is at any given time. Thanks to GPS in the company car or cell phone, it's child's play to see how long and where the employee is on the road. But is this even legal? Is the employer allowed to see what the employee is doing?

Sensitive personal data

Every place and every action is linked to a specific person. They are therefore personal datawhich are particularly worth protecting!

For example, anyone who carries a work cell phone in their pocket after work on the way home or while shopping is being monitored, especially in their private life. One However, employee monitoring may only take place with the express consent of the of the person concerned, but only if this is done during working hours and only if certain requirements are met.

This is allowed

GPS monitoring of employees, for example, is only permitted if it expressly agrees and operational requirements exist. Nevertheless, those particularly worthy of protection, Personal data of the employee to those of the employer. The employee must be included in the Consent precisely about the purpose of GPS monitoring be informed. They should also know which data is used and how.

What can you do against unauthorized surveillance

Monitoring of employees is only permitted during working hours, provided this is legally permissible. The Employer may not use GPS monitoring after the agreed regular working hours, unless he fears a criminal offense. In this case, however, it must be established that he would not have had any other, milder means at his disposal for the transfer. However, this is the only exception and should be discussed with a legal person beforehand. Continuous monitoring, whether by company cell phone or in a company car, is in any case unlawful and violates personal rights (Basic Law Art. 2, https://dejure.org/gesetze/GG/2.html, Art. 4 GDPR https://dsgvo-gesetz.de/art-4-dsgvo)