In Germany the legislation recognises only three circumstances under which personal data may be collected and evaluated:

1. For business reasons.
2. For the purpose of research.
3. To protect against dangers or for the pursuit of criminal offences.

Let's assume, that an employee is given the use of a company car, which he/she may also use privately. The company may then have a legitimate right, to know that the car can be located at any time. This right however, automatically comes into conflict with the fundamental rights of the employee in his/her leisure time. A tracking system would then have to be either switched off or the collected data may not be evaluated.

At this point, it has to be made clear, that we are talking about personal data, which is not generally accessible. Should this not be the case, then the evaluation of personal data, e.g., for advertising purposes, requires the consent of the person concerned. Everything that goes further than name, title and date of birth, is worthy of protection.

Thus, the legislation excludes the private use of tracking devices if the person concerned has not given his/her consent, even in a company vehicle. With their consent, e.g., as a security precaution, a special installation is no longer necessary. The data can be collected from the internet. Company's however, are not likely to make use of the possibilities that we've described here.

With fleets of vehicles, advisory consultation is necessary. What it boils down to, is the best possible positioning of the devices and also the maximum usable radius. It also wouldn't be a bad idea, if the people who make the decisions in the company, were to be informed of the correct approach to the matter. After all, not every employee will be happy about the idea of having such a device installed. Also important, is the integration into any systems already being used.

Several companies offer such systems with advice, as the smallest measure of the location determination is given five metres. 05/14