In-vehicle monitoring

In-vehicle monitoring that records, say, a vehicle’s location, distance and driving habits, will trigger data protection obligations if a specific driver can be linked to the monitoring results. The ICO Code says:


• as always, an employer considering this type of monitoring should begin with a privacy impact assessment (see page 65);


• where private vehicle use is allowed, monitoring movements while being driven privately can rarely be justified without the driver’s freely given consent;


• if a vehicle is for both private and business use, it should be possible to disable the monitoring during private use;


• where an employer is legally obliged to monitor vehicle use even when used privately (for example, by fitting a tachograph to a lorry) this legal obligation takes precedence over data protection obligations; and


• the employer must have a policy explaining what private use can be made of company vehicles, and any conditions for use. It must explain the nature and extent of monitoring and must be made known to drivers.