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Warning: Telematics lata may be illegal
Page 19
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er Robin Meczes leading motor transport ryer has warned that comnes implementing telemat systems could InadverMy be putting themselves !side the law,
Solicitor David Faithful, a rtner with Birminghamad practice Amery-Parkes, fS the kind of data collection I distribution inevitably olved In vehicle tracking and ming systems could easily
telematics service Hiders, employers and even icte manufacturers on the o ng side of the Data itectIon Act.
There could even be prob lems with privacy issues outlined In Article 8 of the Human Rights Act—particularly if vehicles are tracked outside of normal working hours.
Faithful adds that fleet operators could tall foul of UK employment law if they take disciplinary action against employees based on information gathered by telematics systems—for example information about speeding.
"I am already aware of cases based upon telematics data." he says. By and large, employment tribunals are taking a dim view of the use of telematics data In this way as it sits uneasily wtth Article 8."
Admitting that the admissibility in court of information generated by telernatics systems is a grey area. Faithful says such Information cannot necessarily be used to justify disciplining an employee. He warns that there could also be legal issues about employers or service providers passing Information on the way vehicles are driven to third parties such as the police or Insurance companies; for example after a road accident or In order to help assess an Insurance risk.
Faithful hopes to hold a meeting during December with five leading telematics service providers to discuss the creation of a voluntary code of practice on the data such systems collect and the way in which they do so.
He isn't saying who the other parties are but says they do at least appear willing to talk, though a firm date has yet to be set.
If the meeting goes well, he says, further 'stakeholders' will be invited to get Involved and a draft code could be in place as early as next spring.
In the meantime he advises fleet operators to be careful how they use the data generated by these systems, and to get their employees consent to collect it In the first place, "Get your employees to sign a form to say they're happy for you to do so," he says. And make sure when you recruit drivers that their employment contracts include something dealing with this issue in terms of disciplinary procedures."
a Co dfa'rthfuliaameryparkes.co.uk.