As is rightly pointed out by your contract, Company Vehicles are the property of the company and therefore we have every right to track the movements of this vehicle. In terms of “obtaining consent” ; we believe we have given all our drivers plenty of notice of this plan and answered any questions/concerns with the assistance of both experienced personnel involved within the “Tracker” industry as well as legal advice.
With regard to the points made around the use of the data – we are fully aware of our obligations around the Data Protection Act. Any personal information regarding our employees is stored securely and is not shared outside the Company without the consent of the individual. This applies to any data collated by the system on private mileage incurred; it is considered confidential and not shared or used for any purpose without the consent of the individual. There is also no intention or inclination to proactively monitor the private activities of our drivers. It is also important to remember the benefits of the system recording private mileage, as this allows more accuracy in terms of private mileage deductions and tax implications.
We have a clear system for differentiating between a business and a private journey, which you are able to set yourself. Therefore we do not feel that a “power off” button is necessary.
If you are still unhappy with this situation, then you do of course have the option to opt out of personal use of your vehicle which will mean that the tracker will only be recording business journeys.
As advised, I will share your comments with HR and management team and provide you with a response.
Further to the healthcare meeting at Agfa on the 18/03/2015.
There was a question I raised relating to the tracking system.
I asked if there was a requirement for gaining the individuals consent to Veritek collecting private journey data.
Please advise, if you have determined the need for a consensual agreement ?
As I understand it you said the data will be collected and it would be up to us to mark it as private after the event.
I have read the published Veritek’s policy and would not agree to have my private mileage tracking data collected in the first instance.
I am also concerned what the data would be used for, who would have access to it, how secure it was and how long it was retained.
Looking into the situation I have been advised of the following ‘company guidelines’ from the Information Commissioners Office.
From Ben Jones
Monday, September 08, 2014 4:39 AM EST
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. The starting point is that a company car is company property and an employer has a right to know its whereabouts. There are however certain procedures and guidelines that employers need to adhere to in order to keep within the law when undertaking such monitoring. Firstly, employees have a basic right to privacy under the Human Rights Act. One argument is that monitoring devices fitted to vehicles affect the employees’ right to privacy and is a breach of their basic human rights.
Secondly, monitoring of vehicle movements where the vehicle is allocated to a specific driver and where information about the performance of the vehicle can be linked to a specific individual will fall within the scope of the Data Protection Act 1998. As such, the tracking data is likely to amount to ‘personal data’ under data regulation principles and be subject to certain regulations. The following is guidance published by the Information Commissioners Office, which deals with data protection rights:
a) Where private use of a vehicle is allowed, monitoring its movements when used privately, without the freely given consent of the user, will rarely be justified;
b) If the vehicle is for both private and business use, it ought to be possible to provide a ‘privacy button or similar arrangement to enable the monitoring to be disabled during private use;
c) Where an employer is under a legal obligation to monitor the use of vehicles, even if used privately, for example by fitting a tachograph to a lorry, then the legal obligation will take precedence.
d) Tracking a vehicle without the drivers consent is illegal, whether for business purposes or not. The reason is because linking data to an individual person falls under the Data Protection Act 1998, which determines the rules for the collection, use and sharing of an individual’s information. The implications of using telematics or vehicle tracking systems without someone’s consent are considerable and constitutes an infringement of personal liberties.
e) Employers are therefore encouraged to have a specific policy for the use of vehicle monitoring and to make employees aware of its existence. Where possible, the above principles should be applied to ensure privacy is maintained when the vehicle is used solely for private use. Generally, the most common way of dealing with privacy issues in such circumstances is through the introduction of a specific monitoring policy and a privacy feature on the vehicle. You are free to raise your concerns with your employer and discuss the above information, trying to reach an amicable resolution. You can either do this informally or by raising a formal grievance. Remember that you have certain rights in these situations and that your employer should act reasonably and justify their actions as far as possible.
Hope this clarifies your position?
Reading the above and considering the commercial preference for Veritek to track our business journeys in business hours. I understand that I have minimal rights to refuse the tracking system to be fitted to my company vehicle. I am however unhappy with the policy as regards ***** *****
The only workable solution as I see it is to have a ‘POWER OFF’ switch option, which I’m sure could be easily incorporated into the vehicles installation.
This would satisfy both Veritek’s policy and my own personal concerns.
I will treat this communication as private and confidential.
From: ***** *****ttle
Sent: 09 March 2015 17:13
To: ***** *****; Alex Derbyshire; Alistair Montgomery; Alistair Munro; Andrew Cranston; Andy Frost; ***** *****on; Andy Nicholson; Andy Stott; Andy Denyer; Anil Fernando; Anthony Dunlop; Bernie Sharp; Brian Johnston; ***** *****on; B***** *****; Callum Dunne; Che Pearson; Chris Harley; Chris Hutchinson; Chris Sealy; Colin Daniels; Craig Davidson; Craig Lyman; Daniela Preti; Darren Jenkins; Darren Parker; Darryl Brown; Dave Angood; David Causton; Dave Medcroft; Dave Mulley; Dave Poole; Gareth Evans; Gary Downs; ***** *****; Geoffrey Moore; Giles Matthews; Gordon Thom; Graeme Dunn; Graham Gregor; Graham Taylor; Graham Webb; Hugh Doran; Ian Fraser; Ian Sales; ***** *****; ***** *****; ***** *****; James Surridge; Jane Harraway; ***** *****; Jimmy Chambers; John Forster; ***** *****; ***** *****; Karen Kinder; Keith Foulser; Ken Benjamin; Kevin Mead; Kevin Mearns; Kevin Stutt; Lee Fuller; Lloyd Scott; Marek Zglobica; Mark Baddeley; Mark Hayton; Mark Hearn; Mark Knowles; Martin Denyer; Martin Williams; Matt Wright; Michael Gill; ***** *****; Michael Spence; Nathan Davis; Neil Evans; Nick Dodsley; ***** *****; Nigel Jones; Nigel Sleightholm; Nigel Speight; Nishit Patel; Paddy Collins; Paul Denyer; Paul Ensor; ***** *****; Pete Nailor; Raj Theivamanoharan; Richard Castle; Richard Kennedy; Richard Neale; Richard Parsons; ***** *****; Rob Lowes; Robert Brett; Roland Brooks; Roy Munn; Russell Spicer; Ryan Stammers; Samantha Daniel; Scott Nicholson; Sean Dunne; Stan Cleghorn; ***** *****; Steven Travers; Stuart Madeley; Tim Blundell; Tim Andrews; Tim Haslum; Tim Regan; Tomas Heighway; Viet Pham; Vince Turner; Warren Berry
All company car drivers,
After a number of month’s trialling and consideration of feedback from engineers involved in the trial, Veritek have selected a product from Masternaut to deploy in all company vehicles.
The solution is best suited for drivers in that it will;
· remove the need for mileage sheets
· provide a simple app for indicating business/private journeys
· identify driver by individual key fob
· provide evidence in case of accidents
From a business perspective, it will:
· reduce fuel consumption
· reduce vehicle running costs
· facilitate our duty of care with regard to driving hours and breaks
· lower our insurance costs
For our customers, it will;
· help better provide eta information
· help advise of delays associated with traffic congestion
You will receive further communication for an appointment to have the unit fitted to your vehicle. The fitting is intended to start in first week of April.
A copy of the full company policy is attached.
If you have any questions, in first instance please speak with your line Manager.
Head of Service Operations