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Second, an employer should consider state tort laws that it may violate if it tracks employees without their knowledge or consent, such as invasion of privacy. Several courts have held that where an employer attaches a GPS tracking device to an employer-owned vehicle, an employee driving that vehicle is not able to state a claim for invasion of privacy when the employer tracks the whereabouts of the vehicle. See, e.g., Elgin v. Coco-Cola Bottling Co., 2005 WL 3050633 (E.D. Mo. 2005); Tubbs v. Wynne Transport, 2007 WL 1189640 (S.D. Texas, 2007). These cases track the Illinois statute, which allows an employer to install a GPS tracking device in a vehicle owned by the business. But one thing an employer may consider is giving notice to employees that it might use GPS monitoring in connection with employee use of company equipment.
The law is less clear, however, when an employer wishes to track employees who use their personal vehicles for company business. For example, a New York state court held that installing a GPS device on a vehicle personally owned by a state employee suspected of falsifying time records was an unreasonable search. Cunningham v. New York State Dept. of Labor, 21 N.Y.3d 515 (NY Ct. App., 2013). The court found that if the state had monitored the employee only during business hours, the search would have likely been lawful, but because the state monitored the employee during and after work hours, the entire search was unreasonable and unconstitutional. On the other hand, other courts have found that taxi drivers in New York City did not have an expectation of privacy in GPS data gathered from a tracking system that state regulatory authorities required to be installed in all cabs, even though the taxi drivers personally owned their vehicles. See, e.g., El-Nahal v. Yassky, 993 F.Supp.2d 460, 466 (S.D.N.Y., 2014).
OBD II information is commonly used by vehicle telematics devices that perform fleet tracking, monitor fuel efficiency, prevent unsafe driving, as well as for remote diagnostics and by Pay-As-You-Drive insurance.
Although originally not intended for the above purposes, commonly supported OBD II data such as vehicle speed, RPM, and fuel level allow GPS-based fleet tracking devices to monitor vehicle idling times, speeding, and over-revving. By monitoring OBD II DTCs a company can know immediately if one of its vehicles has an engine problem and by interpreting the code the nature of the problem. It can be used to detect reckless driving in real time based on the sensor data provided through the OBD port.[41] This detection is done by adding a complex events processor (CEP) to the backend and on the client's interface. OBD II is also monitored to block mobile phones when driving and to record trip data for insurance purposes.[42] 2b1af7f3a8
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