advice on data protection act

[gizmo666]

hi folks got a question
if an employer uses a tracking system on its vehicles can said data recieved from the vehicle be used in conjunction with written timesheets done by the employee and used against them?
to my knowledge no employee has given consent to the tracking system being used or the data recieved from it
thanks in advance

[R0b]

My initial view is that if a business is using a vehicle tracking system then you should be notified that they are doing that. They will more than likely have a legitimate reason to track vehicles so consent will not be needed from you since they would likely argue it relates to efficiencies, vehicle data, fuel consumption etc.

However, if they are then using the tracking information for performance management purposes then it would likely need to be in your contract. If it's not in your contract, I can't see how they can use it for performance management. That said, your employer might argue that there is a legitimate interest in making sure that your time sheets tally up with what the vehicle tracking data shows to ensure you are doing the correct hours. Of course they shouldn't be checking up on you in breaks and lunches because that's likely to amount to an invasion of privacy or breach of data protection.

Perhaps Ula might be able to comment further.

[davenewbergr]

hi folks got a question
can said data recieved from the vehicle be used in conjunction with written timesheets done by the employee and used against them?

Yes.

If the dispute gets before a judge and the employer (or the CPS) says 'These time sheets were falsified by the employee in order to earn more money/deceive us in some other way', the employee is not going to be able to get the evidence struck out merely because the driver in question didn't 'consent' to the use of tracking devices.

If it's merely an employment dispute - dismissal based on such evidence - then it may be that different rules will apply.

[gizmo666]

thanks for that

[ULA]

I am not sure what job you do but in some cases employers are actually legally required to track their vehicles to ensure employees aren’t driving over their daily time limit. For example, lorries should have a tachograph fitted. However, if this is not the case then your employer may have vehicle tracking technology (VTT) to ensure that their employees maximise engine efficiency and improve safety. They help employers and drivers save on fuel bills, reduce downtime and reduce accidents.

You should have already consented to driving a vehicle that has VTT and you need to check your contract accordingly. You should have been told what the employer will be monitoring, why, what that information can be used for, who can have access to it and how long it’s kept for. On this basis they would have a legitimate interest in ensuring that the data on the VTT correlates to information that is being put on a timesheet presumably against which you are paid or claiming overtime.