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What's the big deal?

19th August 2004, Page 52
19th August 2004
Page 52
Page 52, 19th August 2004 — What's the big deal?
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Which of the following most accurately describes the problem?

The Human Rights Act gives people a basic right to privacy. Although it is widely accepted that privacy at work is inevitably going to be compromised for most of us to some extent, the presence of an active tracking system outside normal working hours on a company vehicle being used privately by an employee or a member of their family could be regarded as a breach of their human rights.

The kind of data collection and distribution inevitably involved in vehicle tracking could also bring you into conflict with the Data Protection Act, depending on what data is collected, now it is stored and used and how it is shared.

There have been no legal test cases in the UK so far on either count, but privacy issues relating to telematics systems have come to the fore in employment disputes, and tribunals are likely to take a dim view of employers who use such systems without being completely open with their employees and without amending employment contracts to properly reflect their usage. Once again, however, this needs to be tested in court.

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