Geolocation: have you heard of it? The evolution of technology extends to various branches of society, and the business and work environment is no exception.

This form of work control in work situations outside the workplace, such as during commutes, can raise several questions. In this article we will clarify some of them. 

What is it

Geolocation in the workplace is understood as the remote monitoring of an employee in a work context. This method of location is related to the need to preserve the assets of a company or individuals.

What does the law say?

Resolution No. 7680/2014 of the National Data Protection Commission (CNPD) argues that a balance must be struck between the freedom and protection of workers' data and the freedom to manage and organize work, which is present in... law. 

Geolocation in a work context

What are the means?

Regarding geolocation in the workplace, monitoring devices are primarily placed in cars and/or technological devices such as mobile phones or laptops.

What are the purposes?

According to article 20/2 of the labor code, the main purposes of using geolocation are based on the protection and security of people and property, or when such a situation is justified. 

What equipment

Mobile phones and laptops

 Technological material assets are of interest to be monitored, primarily due to:

• Workplace safety;
• Protection of material assets;
• Work management.

However, there is controversy regarding these material assets, as they may be disproportionate in terms of protecting employee information. 

Vehicles

Regarding the application of devices in vehicles, there are justifications for using geolocation, such as:

• The protection of people and property;
• Fleet management, and consequently resource organization;
• Proof of contract fulfillment and compliance with highway regulations, such as mandatory rest periods on certain journeys. 

Data that can be processed

In data collection, there is specific information that employers have access to, such as:

• Safety procedures;
• Cargo transported;
• Vehicle brand.

Responsible for data processing

The employer is responsible for data processing. It is important to emphasize that the employer has a duty to inform employees that it is collecting data, and each employee has the option to access that data. 

Advantages and Disadvantages of Geolocation for Businesses

Like any innovation, geolocation has advantages and disadvantages. Among the positive aspects, the following stand out: 

• Vehicle and cargo monitoring;
• Real-time location;
• Providing up-to-date information;
• Detecting faults or problems in the service.

Regarding the less positive aspects, geolocation raises concerns about insecurity, that is, the danger of data sharing. 

What is the law of GPS?

The law of GPS It dictates what employers can and cannot do regarding the GPS location of their employees. 

How does geolocation work in the workplace?

Data about the location of, for example, a vehicle, is processed via the internet and provides information about a car's location or the distance traveled. 

This information is transmitted only when the device is turned on. Otherwise, the information is not transmitted.

Is it legal to monitor employees' locations?

No. The installation of devices that activate GPS is prohibited in gadgets, For example. All of this prevents access to the employee's exact location.

What is the role of lawyers in implementing geolocation systems in the workplace?

In order to ensure that geolocation does not interfere with the law, and thus does not harm the privacy and freedom of employees, it is important that the employer seek legal counsel. 

How can lawyers help companies comply with privacy laws?

A lawyer specializing in labor law will know how a company can implement geolocation without interfering with the fundamental rights of its employees.

How important is legal counsel before implementing geolocation?

Legal consulting, which is responsible for the legal assessment of rules and laws in specific cases, is essential in business. Therefore, access to legal advice is of great importance, since the support of a legal professional is necessary to assess whether the application of geolocation complies with the law. 

O Lawyers in Braga This can help with this and other issues related to geolocation. 

How can lawyers help companies comply with privacy laws?

Lawyers play an important role in ensuring compliance with privacy laws. The presence of a lawyer allows employers to be properly informed about the rules regarding the limits of geolocation, particularly concerning the invasion of employee privacy.

How can lawyers protect employees' rights?

A lawyer is essential to advise workers on their rights in situations where geolocation may work in their favor. 

For example, when calculating working hours, if there are problems proving the time a worker performed their job, geolocation is important, and a lawyer can help obtain this data. 

Conclusion 

Essential for a company's operation, geolocation functions as a mechanism for tracking workers in a given location. From the route taken by a company vehicle to the cargo transported by the company, this is a mechanism that is here to stay.

However, there are limits and rules that must be followed so as not to violate the freedom and privacy of employees. Therefore, the presence of a lawyer is very important, informing and guiding employers in this process.