Is It Legal To Put A Tracker On A Car: When Is GPS Tracking Legal?

Technology has made our lives easier in many ways but consumers must make informed decisions before implementing some technologies like GPS tracking on a car. With a GPS tracker on a vehicle you can find out where a vehicle is, when it entered and left a specific area and even the speed the driver is travelling all in real-time. It seems like a lot of information about a vehicle and its driver and for that reason, there are certain cases where it is illegal to use an electronic location tracker or an electronic device like a GPS tracking device. Users who choose to implement one should do their research to make sure they are using it safely, correctly and most importantly legally. There is no federal law regulating GPS tracking so understanding state laws is key.

Key Takeaways

• GPS Tracking Legality: It is illegal to put a GPS tracker on a car you don’t own in all 50 states. Law enforcement can only use a GPS tracker on a criminal suspect’s car with a warrant.
• Private Citizens: Can use GPS trackers to monitor the safety and whereabouts of family members, like elderly people with dementia.
• Businesses: Can legally track company vehicles to improve delivery services, monitor employee movement and protect assets.
• Legal: Consult an attorney to understand local laws and best practices for GPS tracking.
• Data: GPS tracking data can help with route optimization, hiring decisions, training needs and theft prevention.
• Choosing a GPS Tracker: There are many options from simple plug-and-play devices to hardwired systems. Consult with experts to choose the right tracker for your needs.

Who Uses GPS Trackers?

Since 2005, BrickHouse Security has been serving the security and surveillance needs of individuals and businesses who want the same thing-peace of mind. Peace of mind is a hot commodity and for many of the reasons we read about in our daily news headlines: stolen vehicles, theft of personal belongings and driving accidents to name a few. One heart wrenching story that has become more common in recent years is of elderly individuals with dementia who drive off without knowing where they are going. Their families spend sleepless nights worrying about their loved one’s health and safety. Whether you are a parent with a child going off to college, a concerned spouse or a patient caregiver, using a GPS device can give you the peace of mind of your loved one’s safety and whereabouts and because data can be received in real-time you can respond in time sensitive situations.

While private citizens have a personal interest in knowing where their family members are, businesses of all sizes and in all industries have a financial interest in knowing where their company vehicles are. A GPS tracker is more than just a behavior tracker. A good one can help businesses identify areas to improve their goods and services while gather data to boost their marketing strategies. In some cases hiring a licensed private investigator is required to legally track individuals and vehicles so you can be compliant with the laws.

GPS Tracking Laws

GPS tracking laws can be complex as they vary state by state. These laws dictate how a GPS tracking device can be installed on a motor vehicle, used and how the data can be used. For individuals, businesses and law enforcement agencies understanding these laws is key to compliance and avoiding legal issues. Whether you are using a GPS tracker to monitor a personal vehicle, a fleet or conducting an investigation being informed of the relevant laws will help you use these devices responsibly and legally.

What are GPS Tracking Laws?

GPS tracking laws are the rules that govern the use of GPS tracking devices to track individuals, vehicles or assets. These laws vary state by state and are designed to balance surveillance with privacy. GPS tracking laws can be complex and subtle and you need to understand the laws in your state or region to be compliant. Whether you are a private citizen, a business owner or a law enforcement officer knowing the legal boundaries of using GPS tracking devices is key. These laws dictate who can install a GPS device, when it can be used and how the data should be handled.

Why are GPS Tracking Laws in Place?

GPS tracking laws are in place to protect individuals from unauthorized surveillance and to prevent misuse of GPS tracking technology. These laws prevent stalking, harassment and other forms of abuse while allowing law enforcement and private investigators to use GPS tracking devices for legitimate purposes. By regulating the use of GPS tracking devices these laws balance public safety with individual privacy. They allow businesses and law enforcement to use GPS for security and operational efficiency while protecting individuals from invasive tracking. Knowing these laws will help you use GPS tracking responsibly and ethically.

Who Can Legally Use a GPS Tracker on a Car?

Disclaimer: This article is not legal advice. Please consult with an attorney to know the laws in your area regarding using a GPS tracker on a car.

Law Enforcement: Although the language and laws vary from state to state, one thing is consistent across the board is that law enforcement must get a warrant before using a GPS tracker on a criminal suspect’s car. In a previous article in the BrickHouse Security Learning Library we covered court cases that have impacted GPS tracking laws. Check that out to learn more about the laws surrounding GPS tracking and law enforcement.

Private Citizens: The federal laws, state laws and consequences vary on using an electronic device like a GPS tracker on a car by private citizens. However we do know that in all 50 states it is illegal to use a GPS tracker on a car you don’t own. So if you want to track someone, consult with an attorney. Ending up on the wrong side of the law can result to monetary penalties and a blot on your criminal record.

Businesses: You have the right to protect your investments through GPS tracking devices. Whether you have a fleet of vehicles or just a few cars you can protect your assets without worrying about privacy infringement or breaking the law. Across the nation, business owners can track their vehicles without the need for complex terms and conditions. This can get murky when employees feel they are being watched or when their movements are tracked even after business hours. As with all GPS tracking, it’s recommended that business owners consult with an attorney for best practices on tracking their employees.

How GPS Tracking Data Is Used

Data is valuable to businesses of all sizes and types. Our GPS trackers collect data that helps you to:

• Optimize routes and deliveries
• Make better hiring decisions
• Determine if driver needs training or retraining
• Deter shrinkage/theft

Use the data collected from our GPS tracking devices and other electronic tracking methods to monitor employee movement and make smart decisions that impact how you run and market your business. The more you know the better you can serve your valuable customers.

You also need to know the state laws on GPS devices to be compliant and avoid legal troubles.

GPS Tracking Laws by State

The laws on GPS tracking vary widely across the United States. Some states have strict laws that heavily regulate GPS tracking devices while others have more relaxed rules. For example some states require explicit consent from the vehicle owner for any GPS tracking while others allow businesses to track their own assets. Knowing the GPS tracking laws in your state is key to being compliant and avoiding legal issues. Whether you’re an individual, business owner or law enforcement, knowing your state’s laws will help you use GPS tracking devices responsibly and legally.

Company GPS Tracking Policy

Having a company GPS tracking policy is crucial for businesses that use GPS tracking devices to monitor their vehicles, assets or employees. A good policy will help you be compliant with GPS tracking laws, protect employee privacy and be transparent. This policy should state the purpose of GPS tracking, type of tracking devices used, data collected and how the data will be used and protected. By having a comprehensive GPS tracking policy you can build trust and ensure your tracking practices are effective and legal.

Why GPS Tracking

When creating a company GPS tracking policy you need to explain why you’re using GPS tracking devices. This could be to improve fleet management, customer satisfaction or productivity. By stating the purpose of GPS tracking you can help employees understand the benefits and limitations of the technology. For example tracking can help optimize routes, reduce fuel costs and ensure timely service which benefits the company and its customers. Being transparent about why you’re tracking can also alleviate employee concerns and build trust.

What Tracker is Being Used and How It Works

Your company GPS tracking policy should also mention the type of tracker being used and how it works. This could include information about the device’s features such as real-time tracking, geofencing or alerts. By providing this information you can help employees understand how the device works and what data is collected. For example real-time tracking provides location updates in real-time, geofencing alerts when a vehicle enters or exits a defined area. By understanding these features employees can see the benefits and use the devices correctly.

What Data is Being Tracked and How It’s Used

In addition to explaining why GPS tracking and mentioning what tracker is being used, your company GPS tracking policy should also cover:

• How the data is protected and stored
• How long the data is kept
• Who has access to the data
• How employees can opt-out of GPS tracking
• How the devices are installed and maintained

By including these in your company GPS tracking policy you can be compliant with GPS tracking laws, protect employee privacy and be transparent. By being clear on these you can reassure employees that their data is handled properly and the tracking is for legitimate business purposes. This will not only help with legal compliance but also build a transparent and trustworthy workplace.

Get the Right GPS Tracking Device

Now you know the legalities of using a GPS tracker on a car our security experts are here to answer your questions and point you in the right direction for your personal or business needs. Plus you can check out our Learning Library to learn more about choosing the best GPS tracker. You have options from simple plug-and-play to under-the-dash, hardwired devices that you can install yourself.

Get in touch with our GPS tracking experts at BrickHouse Security to learn more about our trackers, get a consultation for your needs and get all your GPS tracking questions answered. Remember to understand the legalities of using a mobile tracking device including getting consent from vehicle owners or lessees.

FAQs

Is it legal to put a tracker on a car?

It depends on who owns the car and the purpose of the tracking. In most cases, you cannot install a GPS tracking device on a vehicle you do not own or have explicit permission to track. Installing a vehicle tracker without the vehicle owner's consent could violate state-specific laws, federal regulations, or anti-stalking laws.

When is GPS tracking legal for personal use?

You can legally use a GPS tracker on:

• Your personal vehicle (if registered in your name).
• A vehicle you own but have loaned to someone (e.g., a family member or employee).

However, you cannot legally track someone else’s vehicle owned by them without their explicit permission. Doing so could lead to charges related to unauthorized tracking, stalking law violations, or even an automatic felony in some states.

Can law enforcement officers use GPS trackers?

Yes, but law enforcement agents must follow strict legal guidelines. In most cases, they need a probable cause warrant or a court order to legally place a tracking device on a suspect's vehicle during a criminal investigation. Without a search warrant, their use of a GPS tracker may be deemed illegal under federal laws and the U.S. Constitution.

Are private investigators allowed to use GPS trackers?

Licensed private investigators may use electronic tracking devices in certain situations, but they must also adhere to state laws and obtain the proper consent. They cannot legally track vehicles owned by someone other than their client without permission or a court order. Hiring a professional investigator doesn’t exempt someone from gps tracking laws.

What are the rules for businesses using GPS trackers?

Businesses may install GPS devices on company vehicles to monitor company-owned vehicles or ensure compliance with regulations (e.g., those that require commercial truck drivers to log mileage and hours). However:

• Employers must inform employees if they are being monitored using a tracking app or electronic means.
• Businesses cannot track employees’ personal vehicles or movements outside work hours, as this could lead to privacy violations.

Are there federal laws about GPS tracking?

Yes, federal laws regulate electronic surveillance, including the use of electronic location trackers. Under federal law, individuals cannot:

• Intentionally obtain information about a person’s movements without permission (except in specific cases like law enforcement investigations).
• Place electronic devices on else’s vehicle without consent.

Violating these laws can lead to legal penalties, including fines or criminal charges.

What are some examples of state-specific GPS tracking laws?

Some states have enacted specific regulations for electronic tracking devices:

• South Carolina: Prohibits the use of GPS trackers without the owner's consent, unless used by law enforcement with a warrant or by parents tracking minor children.
• West Virginia: Under Senate Bill 131, GPS tracking without permission is prohibited and can result in criminal charges, especially in cases involving stalking.
• Rhode Island: Criminalizes using a mobile tracking device without permission, with penalties including fines and imprisonment.

It's important to research the laws in your state to ensure compliance.

What laws protect against stalking with GPS trackers?

Most states have anti-stalking laws that specifically address the use of GPS trackers for unauthorized tracking. If a tracking device is used to monitor someone’s whereabouts or movement without their knowledge, especially when it causes emotional distress or reasonable fear for their physical safety, it could result in criminal stalking charges.

Can I use GPS tracking to protect my child or family members?

Yes, parents or legal guardians can generally track minors under their care using a GPS tracker. For example, many parents use tracking apps or electronic devices to monitor their children’s location data for safety purposes. However, tracking adult family members without their consent is typically not legal.

What are the penalties for illegal GPS tracking?

Penalties vary by state but may include:

• Fines.
• Criminal charges, ranging from misdemeanors to felonies.
• Potential imprisonment.
• Civil lawsuits if unauthorized tracking causes harm or distress.

How do I make sure I’m using a GPS tracker legally?

Here are some tips to stay compliant:

1. Always get consent: If you're tracking a vehicle you don’t own, make sure the registered owner consents.
2. Know your state laws: Laws differ by state, so research state-specific laws to avoid legal trouble.
3. Use trackers responsibly: If you're using a tracker to collect evidence for a legal matter, consult a lawyer or licensed investigator.
4. Avoid misuse: Never use GPS trackers to monitor someone’s person's location without a legitimate, legal reason.

Are there exceptions to consent requirements for GPS tracking?

Yes, in certain cases:

• Law enforcement officers with a valid court order or search warrant can place a GPS tracker as part of a criminal investigation.
• Employers may use trackers on company-owned vehicles but must inform employees.