GPS Tracking Laws in the UK: What Is Legal and What Is Not

Fitting a GPS tracker to a vehicle is lawful in many situations in the UK, but the rules change depending on whose vehicle it is, who drives it and why you are tracking it. UK GDPR, the Data Protection Act 2018, employment law and the Protection from Harassment Act can all apply. This guide sets out the main scenarios in plain English. It is general information, not legal advice.

Tracking your own vehicle

Fitting a tracker to a vehicle you own, for security and theft recovery, is lawful. If other people regularly drive it – a partner, family member or someone borrowing it – tell them the vehicle is tracked. Being open avoids misunderstandings and keeps the tracking clearly about protecting the vehicle, not monitoring a person.

Tracking company vehicles and employees

When a tracker records where an identifiable driver goes, the data is personal data under UK GDPR. Employers usually rely on legitimate interests as their lawful basis, rather than consent, because consent is rarely freely given in an employment relationship. The ICO’s guidance on monitoring workers sets out what is expected:

• Tell workers clearly, in advance, what is tracked, why, who can see it and how long it is kept – ideally in a written vehicle monitoring policy.
• Make sure the monitoring is necessary and proportionate for a defined purpose, such as security, safety, scheduling or mileage records.
• Carry out a data protection impact assessment where monitoring is more intrusive, for example driver-facing cameras.
• Consider private use. If employees can use vehicles outside work, provide a way to protect private journeys, such as a privacy setting.
• Keep data secure and delete it when the retention period ends.

Covert monitoring of workers is only justifiable in exceptional circumstances, such as a specific suspicion of criminal activity, and should be tightly limited in scope and time.

Tracking someone else’s vehicle

Putting a tracker on a vehicle you do not own, without the owner’s knowledge, is a different matter. Secretly tracking a person’s movements can amount to harassment or stalking under the Protection from Harassment Act 1997, and in the context of a relationship it may form part of controlling or coercive behaviour. It can also breach data protection law. If you are worried someone has put a tracker on your vehicle, contact the police.

Fleet operators and data processors

If you use a tracking platform, you are normally the data controller for your drivers’ data, and the platform provider acts as a processor on your behalf. You should have a written agreement with your provider covering how data is stored, secured and deleted. LockCar can provide data processing documentation for fleet customers using the LFM platform.

Quick summary

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Related reading: ICO rules for cameras in licensed vehicles and switching to digital fleet management. This page is general information, not legal advice – for specific situations, take advice from a solicitor.

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