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Old 01-26-2009, 09:05 AM   #1
I_H8_Crawford
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Question for you CalPuckers...

My co-workers and I have good reason to believe that our employer has implemented GPS tracking on our work handsets to keep tabs on us all day (we're remote sales reps).

So here's the question - I have no problem with them being able to track me during my 8 hrs a day, but being a sales rep, I like to keep my phone on evenings and weekends to help my accounts out, but don't like the idea that my work can track me on my downtime... if the Gov't isn't allowed to do that, why should a company be allowed to do that? And the kicker is my work will neither confirm nor deny that they have GPS tracking - is that legal?? Are they required to let us know they are doing that?

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.

Thanks for the help!

Also to note - no, I am not going anywhere "special" on my downtime, I am a very boring person, it is just the fact that they CAN track me and haven't admitted it that bugs the hell out of me.
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Old 01-26-2009, 09:11 AM   #2
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Are they Bell phones?
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Old 01-26-2009, 09:13 AM   #3
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Old 01-26-2009, 09:14 AM   #4
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Do you have another phone? If so forward your calls there and turn off the company phone.
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Old 01-26-2009, 09:14 AM   #5
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That would use his personal minutes of which he probably isn't reimbursed for.
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Old 01-26-2009, 09:19 AM   #6
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Can you not turn off gps on your phone? All my phones have a option under settings, and usually something like location that allows me to set it to 911 only.
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Old 01-26-2009, 09:20 AM   #7
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Quote:
Originally Posted by BlackArcher101 View Post
Are they Bell phones?
Yes they are Bell Phones, and you're right, I don't want to have monster phone bills for my personal phone as I will not be reimbursed with it.
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Old 01-26-2009, 09:21 AM   #8
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Quote:
Originally Posted by nfotiu View Post
Can you not turn off gps on your phone? All my phones have a option under settings, and usually something like location that allows me to set it to 911 only.
Now I have done that, my question then is it is a Blackberry set up on a BES system which essentially makes it just like a workstation off a server in an office... if I shut it off on my handset, can it still be tracked in the background via the BES?

Edit: Also, for the record, I am not as concerned about scamming my way out of it, just more wondering about the legality of the whole thing with them not disclosing what they are doing. I checked out Employment Standards Act and there is no mention of GPS tracking in it...
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Old 01-26-2009, 09:28 AM   #9
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Quote:
Originally Posted by BlackArcher101 View Post
That would use his personal minutes of which he probably isn't reimbursed for.
Who pays for incoming calls these days?
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Old 01-26-2009, 09:29 AM   #10
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Start trading handsets around at work.

EDIT: Seriously though, I can't imagine that that kind of tracking without your consent would be legal.
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Old 01-26-2009, 09:34 AM   #11
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I've seen lots of companies doing GPS tracking of phones, vehicles etc. You basically consented to the tracking when you accepted the companies asset.
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Old 01-26-2009, 09:37 AM   #12
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Quote:
Originally Posted by CaptainCrunch View Post
I've seen lots of companies doing GPS tracking of phones, vehicles etc. You basically consented to the tracking when you accepted the companies asset.
That I would have no problem with, but here's the problem - I am given no option to provide my own handset and then expense it, I am forced to use the company's phone - so consent or no, I need to use it or rack up the charges on my own tab. Also, shouldn't they still be required to tell us that by using the device we are consenting to GPS tracking? They haven't done anything of the sort...

Last edited by I_H8_Crawford; 01-26-2009 at 09:39 AM.
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Old 01-26-2009, 09:38 AM   #13
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What kind of phones are they? If they're BB, I think you can disable the GPS by disabling the bluetooth.
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Old 01-26-2009, 09:39 AM   #14
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Kind of off topic but - Bluetooth has the range to deal with GPS?
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Old 01-26-2009, 09:41 AM   #15
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Quote:
Originally Posted by I_H8_Crawford View Post
Now I have done that, my question then is it is a Blackberry set up on a BES system which essentially makes it just like a workstation off a server in an office... if I shut it off on my handset, can it still be tracked in the background via the BES?

Edit: Also, for the record, I am not as concerned about scamming my way out of it, just more wondering about the legality of the whole thing with them not disclosing what they are doing. I checked out Employment Standards Act and there is no mention of GPS tracking in it...
Phone has to be on and the data portion of the provider working for BES to communicate with it.
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Old 01-26-2009, 09:43 AM   #16
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My understanding is that if the employer provides and pays for the phone, they are entitled to track the user.

This link would seem to indicate this is the case, at least in the US but tracking should be limited to work hours. I can't say for certain whether Canadian law would be the same.

If I was you, I'd assume you're were being GPS tracked.

http://gps-phone-tracking.com/can-my...ell-phone.html

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The privacy policies of commercial cell phone location-tracking companies usually restrict their services to either the actual owner of the cell phone, the parent of the cell phone user or employer-owned phones. Please be aware that if you are using a phone or vehicle provided by your employer, under the current law your employer can use cell phone GPS tracking to monitor you during work hours.
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Old 01-26-2009, 09:46 AM   #17
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Quote:
Originally Posted by longsuffering View Post
My understanding is that if the employer provides and pays for the phone, they are entitled to track the user.

This link would seem to indicate this is the case, at least in the US but tracking should be limited to work hours. I can't say for certain whether Canadian law would be the same.

If I was you, I'd assume you're were being GPS tracked.

http://gps-phone-tracking.com/can-my...ell-phone.html
Well assuming the same applies to Canada (which it may not, just look at the drug-testing differences between US & Canada employment) shouldn't my company be legally responsible to let us know that they are doing that, since they KNOW we have our phones on outside of regular work hours to help out our accounts?

Any of the CalPuck lawyers know anything??
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Old 01-26-2009, 09:47 AM   #18
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GPS is a listen only system, ie. you get signals from the GPS satelites and solve for your position on the fly. So for your company to be able to check where you are they would have to have some sort of connection with your phone and your phone would be sending out your position.

Im sure you could call Bell and ask them directly if this was the case. You cant disable the ability to check where your phone is completely in most cases becuase 911 and safety issues. Either way i wouldnt be surprised if this was the case

Also you can take a breather as the GPS is most phones is only good to about 20m (give or take) and in the evening it gets worse becuase you have less vision to satelites. Secondly when your inside somewhere with your phone it likely will have issues getting a fixed position. Then when you go back outside it will also take a while to get fixed. Or you know, if your under a big tree ect. (especially popplers.. sp?)
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Old 01-26-2009, 10:28 AM   #19
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^ Really? my iphone is pretty damn ack u rat. I can be in a building and it know what side of the building I am on.
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Old 01-26-2009, 10:45 AM   #20
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Quote:
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Kind of off topic but - Bluetooth has the range to deal with GPS?
What? I don't understand what this means.

Bluetooth is a serial communication protocol. It's range is on the order of a couple of meters.

GPS is a line of sight thing. GPS signals are generally too weak to give you a decent position when you're indoors. But outdoors, even though the GPS chips in the phone's are pretty low end, you're probably getting 5-10m accuracy, it's not too difficult to get that order of accuracy. Faster acquisition times too because one of your unknown's (time) is already pretty much known from the phone (courtesy the cellular network).
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