Categories: Insights, Practice


25 Jun 2018

Lawfulness of the personal data processing through GPS, but with limitations

With its Decision No. 441 of 29 May 2018, the Data Protection Authority has admitted the possibility of personal data processing through a geographic positioning system installed on tablets and smartphones given to the employees of a company that renders private security guard and money & valuables transport services. The above provided that the company adopts a series of necessary measures, amongst which one may find: (a) the system configuration in such a way that (i) an icon is placed on the device showing that the localisation features is active, (ii) the deactivation of the localisation feature is allowed during the breaks granted from the respective jobs, and (iii) it is possible to black out the visibility of the geographic position, after a certain period of inactivity of the operator on the screen at the operations centre; (b) the identification of the time during which the data actually processed will be kept, by taking into account the pursued aims; (c) the appointment of the software supplier as outside data processor. Furthermore, the security guards will not have to be directly identified by the system and the access in real time to the localisation data made by the authorised staff from the operations centre will only be foreseen in case of need and emergency. In short, in order for geographic positioning systems to be lawful, the latter must not entail the tracking of staff and, therefore, the employer must not use them to observe the movements of employees.

Subscribe to our newsletter

Contact

Need information? Write to us and our team of experts will respond as soon as possible.

Fill in the form

More news and insights

14 Jul 2026

Artificial Intelligence and employment: new obligations for Businesses (Ai4Business, 14 July 2026 – Martina De Angeli)

Artificial intelligence has now become an integral part of business processes: recruitment, performance evaluation, work organization, training, and document management are just some of the areas in which…

13 Jul 2026

Cautious, yet moving forward (Business People, 13 luglio 2026 – Vittorio De Luca)

In Business People, our Managing Partner, Vittorio De Luca, discusses a business landscape that is cautious, yet far from standing still—one that is rethinking processes, skills, and management…

8 Jul 2026

Pay transparency: one month after its entry into force, two approaches are emerging in the market (The Platform, 8 July 2026 – Vittorio De Luca, Claudia Cerbone e Martina De Angeli)

Since 7 June, EU rules aimed at strengthening the principle of equal pay between men and women for the same work or for work of equal value have…

2 Jul 2026

Did you know…? As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force

As of 7 June 2026, Legislative Decree No. 96/2026 is fully in force. It also introduces into the Italian legal system a structured framework on pay transparency, with…

2 Jul 2026

Failure to serve disciplinary charges does not render the dismissal null and void: italian supreme court confirms no reinstatement remedy for employers below the statutory workforce threshold

Principle of Law In its recent judgment No. 17283 of 1 June 2026, the Italian Supreme Court (Corte di Cassazione) examined the legal consequences arising from the employer's…

2 Jul 2026

AI and the employment relationship: initial guidance from the implementing decrees and data protection implications

Following the preliminary approval by the Council of Ministers, on 10 June 2026, of the first draft legislative decrees implementing the enabling law on artificial intelligence (Law No.…