The Italian Data Protection Authority: geolocation of corporate fleet of vehicles only subject to an agreement with the trade union

Scenario
The Italian Data Protection Authority (“Garante”) recently decided on a case of geolocation of corporate fleet of vehicles. The decision dated March 16 arises from a prior checking requested by an undertaking working in the business of water services and concerns the processing of personal data linked to tracking on the corporate vehicles. The prospected geolocation aimed to optimise the management of emergencies and requests of intervention, to improve the security of employees, to safeguard the corporate assets, to determine the effective time of working of the employees and to deal with potential accidents and fines.
Main issue
In the case at stake, the Garante recognised the existence a legitimate interest of the undertaking to reveal the position of the vehicles, provided that employees’ privacy was respected.
More specifically, to be lawful the processing of location data needs:
6 pursuant to the Job Act, an agreement with the trade union or, in the absence, the Labour Inspectorate authorisation (since the system inevitably implicates remote control of employees’ activities);
7 prior to the processing, an information notice for employees and to notify the processing of personal data to the Garante;
8 to indicate the modalities of collection and retention of location data for the purposes stated in the information notice;
9 to implement appropriate security measures.
Practical actions
The installation geolocation systems of employees require an agreement with the trade union or the Labour Inspectorate authorisation, as well as the notification of the processing to the Garante. In addition to this, the controller may need to request a prior checking to the Garante.
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