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Originally Posted by old-fart
Just to be clear... they aren't tracking you, they are tracking their asset, which they own. At my work we GPS track all the trucks. We know where they are parked, what time they are started, where they go, what time they are turned off, etc. They are our trucks, and we are entitled to track where they go.
If you don't want to be tracked off hours, don't take your phone with you when you go out. I'm sure it has v/m, have your customers leave you a message and then check it when you feel like it.
If you really don't like the company's policies, you have options.
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That's a really crappy line of reasoning.
As said in the OP
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The reason they aren't telling us is because they know we keep our phones on off hours for work, and don't want us to shut them off after our 8hrs is done each day.
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The issue isn't being able to be tracked during work. The issue is being tracked off hours.
And to say that if he doesn't like being tracked off hours, he can quit is a pretty crappy couple of alternatives. Especially when the Privacy Commissioner states in the link provided:
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# We informed the company that we were troubled by the potential to evaluate the performance of an individual based on inferences drawn from GPS data. We believed that using GPS for such purposes is no longer so much about tracking the location of company vehicles as it is about measuring the performance of an individual based on assumptions made from GPS data. In our view, such a use would shift the balance significantly towards the “loss of privacy” end of the spectrum.
# While using GPS to track a vehicle is not overly privacy invasive, routinely evaluating worker performance based on assumptions draw from GPS information impinges on individual privacy.
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And as to whether the company needs to tell them that it is collecting GPS data:
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# But GPS is collecting the personal information of all vehicle drivers – not just the one thought to be breaching some agreement or contravening a law. Given the nature of the technology and the fact that it is installed on all vehicles, reliance on subsection 7(1) is inappropriate.
# Similarly, if the personal information was not collected for any of the purposes outlined in subsection 7(1), it cannot be used without knowledge or consent for any of the purposes provided under subsection 7(2).
# Therefore, the company was obliged to obtain employee consent.
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So I_H8_Crawford does have an argument under PIPEDA, and it doesn't involve being forced to quit if he doesn't like it.