The New York Times published a fascinating article this morning regarding the increasing use of GPS devices. As we now know thanks to US v. Jones, if the government attaches a GPS device to your car it is a search, so a warrant is required. But what if your spouse, or your parent, or a private investigator, attaches the GPS device to track you. The Constitution does not apply to private actors, only to the government, so the Fourth Amendment offers no protection. Indeed, only some states have laws regarding the use of GPS devices, so in most places it is presumed legal if you place a GPS device on a car that you jointly own. That means your parents can place one on the car they bought you (or share with you), and if my husband wants to track my Honda all over Boston, he can without telling me. Not surprisingly, the use of GPS devices is most prevalent in cases of suspected cheating spouses, although the article discusses other creative uses such as monitoring an elderly relative with dementia, or a child with a drug problem.
As I have mentioned, I don’t have anything to hide in the comings and goings of my car. But give it a few minutes of thought and you can start to see the trouble. For example, employers are increasingly attaching GPS devices to company cars that employees use. There are lots of good reasons to monitor employees: productivity, ensuring that they are following the law, tracking delivery times, and so on. But what if you had a company car and had a doctor’s appointment? Your employer is going to know where you are going, and it will be easy to speculate as to why. The law is very careful to protect the privacy of our medical information, but the GPS device will reveal much of the story.
This is just one example off the top of my head. When these devices are available at Best Buy and other big-box retailers, you can bet they will be everywhere. Is anyone else concerned?
13 Comments
Jaclyn Sessel posted on January 31, 2012 at 12:39 am
I wouldn’t say I’m concerned about being followed, since I feel nowadays it is relatively easy to follow someone and track their every move.
If someone owns a vehicle whether it be an individual or a company, they’re certainly entitled to know where it is at all times. I think the doctors appointment example shouldn’t necessarily be a problem. Most employers, I assume, allow their employees to go to the doctor. Now, as for parents, I wouldn’t want my parents following me around, but if they are paying for my car, the insurance, gas, anything it would be unfair of me to not tell them where I’m going.
There are also many positives to being able to track any vehicle. Onstar has pioneered these by tracking accidents instantly, cars run off the road where the driver may be unconscious. If a car was stolen being able to track it would stop the robber in his own tire tracks, literally. Privacy is such a fuzzy issue because it really isn’t defined explicitly. GPS tracking by the owner of the vehicle isn’t, in my opinion, an invasion of privacy because it is, legally, your property.
Rafael Grados posted on January 31, 2012 at 2:14 am
I am very concerned with this scenario as well. Without a doubt concealed GPS devices will be everywhere and those that are not (e.g cellphones) will be misused by a select few. Privacy will be even more threatened and, at this rate, will become a privilege for a minority that is aware and capable of bypassing a GPS-filled, technology-controlled society.
Jose Garcia posted on January 31, 2012 at 5:47 pm
There’s no concern! I’ve hear many stories about ‘GPS’ spouse tracking, and to there surprise (or suspicion) caught their spouse having an affair! (Attached link) What’s wrong with that? It’s a good feature to have, and great for small children with phones. If a child is kidnapped, or missing, wouldn’t it be a bit easier to find them? I’m all for it. However, there needs to be reason! In a modern world, we must give up some sort of rights to have such luxuries like phones or cars with GPS systems. Jaclyn is right, if there’s a company car being misused, how is that fair for the company? I wouldn’t mind being ‘tracked’ because I usually admit to my whereabouts/ location. It wouldn’t bother me.
Yuchen Qin posted on January 31, 2012 at 10:58 pm
This is an urgent problem to be solved. Personally I don’t like to be tracked everywhere I go. The violation of personal privacy is one of the big concerns. But I like the point Jose makes about tracking and finding small children to prevent them from being kidnapped. I’d say, if we can set up a security protection system maybe, to limit or control access to the exposure of others’ GPS devices, it may be a better way out.
Evan Weinreb posted on February 1, 2012 at 12:02 am
I agree with many people that it is a encroachment on our personal liberties but can be necessary in times of need such as a kidnapping or if your car is stolen. Last year there was a blizzard right after christmas where many places in New York City were not plowed for days on end leaving people stranded and unable to get out of their houses. Mayor Bloomberg decided to attach GPS systems to plows in order to track them which is necessary to ensure that areas are plowed. Essentially, even though the law should not protect private investigators and suspicious spouses, I think businesses and times of emergency(kidnapping) need to be protected to make sure their employees are doing their jobs and citizens are protected.
Sarah Hu posted on February 3, 2012 at 1:49 am
I think I don’t correctly understand the term “company car” — I believe it’s a car that is given to an employee to drive,
In that case, of course most of the trips are business related, but I would assume that the car is for said employee’s exclusive use, and thus, since payment is not a per mile basis, he is free to use it however he pleases.
In that case, the GPS installed, I think would be wrong.
However, if there is a contract for car usage that states only business trips are allowed, then I think that makes perfect sense.
Although it is a little scary. Even when a worker is in the office building, there isn’t a tracker on her as she walks to another’s cubicle, or perhaps goes to the bathroom.
Hope Blalock posted on February 4, 2012 at 11:51 am
Even though it is legal for individuals to track other with the use of GPS, I find it a little scary the amount of privacy we are forced to give up this day and age. Between the internet, GPS tracking, and God knows what else, our personal information could be spread to any number of people within a matter of seconds.
Going back to the example of using a company car to get to a doctor’s appointment, whether or not the employer cares, say the employee went to a specialty doctor because of an illness that he didn’t want to share with anyone. When it pops up on the GPS that the employee was at Cancer Clinic ABC on 123 Main Street, it is suddenly public information that the employee is sick. In situations like this, GPS tracking wouldn’t just reveal your voluntary actions, but also your personal information that you should have every right to keep private if you so choose.
Matthew Costa posted on February 4, 2012 at 11:56 am
Definitely, there is something bothersome about the accessibility of GPS devices. Obviously they can be used in many different beneficial ways, but it sounds like the ability to track things is often being abused.
However, in circumstances such as company cars, the company definitely has the right to make sure you really are using the car for company business during business hours of the work week. The way I see it is if you are on the clock then they have the right to track you. Once you stop working for the day or the weekend that becomes personal time and theres no reason for the company to watch where you go, as long as it was part of the agreement that you can use the car for personal purposes when not on company time.
In terms of people you know tracking you:
1) You should probably trust them enough to NOT be tracking your movements
2) If someone did go through all the trouble of tracking your car the question becomes: what did you do that would warrant such an effort? What are you hiding?
3) If you are a kid and your parent is tracking you, that is just them trying to protect you. I believe that most parents don’t have the time to spend on watching your every movement and it will most likely just be used in extenuating circumstances when they cannot find/contact you and want to make sure you are safe.
Chin-Yi (Lucy ) Kuo posted on February 13, 2012 at 12:26 pm
GPS is not the only thing that can track where people have been; smart phones can do the same thing as well. Personally I do think the spouse should have the right to now where you’ve been (I mean unless you are cheating or doing something illegal, there’s nothing your spouse can’t know about. Not that I encourage people to track down their spouses, but you did take a vow to be together). However, I believe employers or others should ask for one’s permission to look at people’s GPS records. The GPS company should set up some kind of security system that allows only the driver of that car has free access to the records.
Madeline Steiner posted on February 16, 2012 at 3:46 pm
I think that in the company car scenario you have the option to NOT get a company car. Companies can monitor all work e-mails or activity on a blackberry that they provide an employee with. If you want your privacy, use a personal e-mail address, buy your own phone, and buy your own car!
As long as people use their heads, like disabling the tracker on their phone for twitter and facebook, I don’t think it’s an issue. As for tracking a spouse or child, that’s more of a personal matter that probably needs to be solved independently.
Sophie Park posted on February 29, 2012 at 3:12 pm
With the increasing effect that technology has on our society now, I don’t see why the use of GPS activity wouldn’t increase. With smart phones tracking our every call, text message, and putting virtually the entire world in our hand, the use of GPS to track everything is only going to increase from here. Although it is scary to know that you are being watched, but all this advanced technology is only pushing us towards that direction.
Car Tracking GPS Rastreo satelital posted on February 13, 2014 at 3:34 pm
I almost never comment, however i did some searching and wound up here
More on GPS Devices. | Professor Spooner’s Blog. And I actually do have a couple of questions for
you if it’s allright. Could it be only me or
does it look as if like some of the responses look
as if they are written by brain dead folks? 😛 And, if you
are posting at additional places, I would like to keep up with everything new you have to post.
Would you list of all of your shared pages like your Facebook
page, twitter feed, or linkedin profile?
GPS Tracking Dubai posted on January 24, 2019 at 6:31 am
While reading your blog it seems that you research on this topic very much. I must tell you that your blog is very informative and it helps other also.