Are GPS Vehicle Tracking Devices Legal to Use In England & Wales?

We get asked this question frequently by clients. The simple answer is yes, they are within England and Wales.

There are certain laws and legislation that we need to consider though. These are;

• General Data Protection Regulation
• Data Protection Act 2018
• Protection from Harassment Act 1997
• Human Rights Act 2010
• Regulation of Investigatory Powers Act 2000 (RIPA)
• Vehicle Interference Theft Act 1968, section 12
• Civil Trespass

What we mean by this is that when a client contacts us enquiring about the deployment of GPS Vehicle Tracking Devices, we are required to ensure that there is a legitimate interest. Is it lawful or is the intention to stalk an individual with the intention of causing harassment, alarm or distress? If this is the case, then we are potentially falling into the realms of the Protection from Harassment Act 1997.

To simplify this, there are two pneumonics that we can use one or the other. The first is JAPAN and the alternative is PLAN.

J – JUSTIFIED                                            P – PROPOTIONATE

A – ACCOUNTABLE                                   L – LAWFUL

P – PROPORTIONATE                                A – ACCOUNTABLE

A – APPROPRIATE                                     N – NECESSARY

N – NECESSARY

Is it justified? Is it accountable? Is it proportionate or is there a less intrusive method available? Is it appropriate? Is it necessary? There is currently NO legislation to prevent a Private Investigator from deploying a GPS vehicle tracking device without the consent of the owner if JAPAN or PLAN are adhered to and YES is answered to each element.

We are required to complete a Legitimate Interest Assessment and also a Data Protection Impact Assessment. These forms are readily available if you are a member of a recognised Institute or Association such as the IPI or ABI.

So, once we have identified that the instruction meets the legitimate interest criteria we can move onto the deployment. A key question to answer is, “Is the vehicle on private or public land?”

If the vehicle is on private property, then you need to have permission to enter this area. It may be that the instruction is of a matrimonial nature and the vehicle is parked on the driveway of the matrimonial home which is jointly owned by the client. In this scenario permission can be given by the client. If permission isn’t granted, then we could be civilly prosecuted for trespass. Unlikely, but this is possible and would likely result in a small fine. Another possible outcome might be a criminal offence of interfering with a motor vehicle; however this wouldn’t stick unless your intention was to commit theft of an item from the vehicle. This would be more likely if through poor preparation, a compromise occurs whilst deploying the device and the Police are called.

Legally deploying GPS vehicle trackers

Once the device is deployed lawfully, we need to consider whether the data retrieved is to be processed under the Data Protection Act 2018. We need to decide if the data is personal information.

In my opinion, if GPS vehicle tracking devices are deployed and there are no surveillance operatives covertly recording and monitoring the vehicle and its occupants then no personal information is gathered. This is because the data from a tracking device is not evidential, it is purely for intelligence purposes as without a physical surveillance, we don’t know who is driving. If surveillance operatives are gaining imagery of the vehicle and operatives then this is clearly personal information which needs to be processed, retained and destroyed in line with the Data Protection Act 2018 and the General Data Protection Regulation.

The Regulation of Investigatory Powers Act 2000 (RIPA) applies to public bodies such as the Police, Councils and Housing Associations. If a Private Investigator is instructed by a public body, then RIPA will be required to be adhered to. If this is not the case, then RIPA does not apply; however we would advise you consider the elements of the act and take them in the spirit they are intended.

We should also discuss the Human Rights Act 2010. This, like RIPA only applies to public bodies. However, so the actions of a Private Investigator are not considered to be distasteful, underhand or unethical, we should pay particular attention to Article 6, Right to a Fair Trial and Article 8, Right to Respect for Private and Family Life.

GPS vehicle tracking devices – Who do I contact?

For further advice and information in regard to GPS vehicle tracking devices, then feel free to speak to one of our professional team at one of the offices nearest to you.

London Private Investigator – Call the Titan Investigations London Office 020 39046622

Birmingham Private Investigator – Call the Titan Investigations Birmingham Office 0121 7162442

Cambridge Private Investigator – Call the Titan Investigations Cambridge Office 01223 662022

Derby Private Investigator – Call the Titan Investigations Derby (Head Office) 01332 504256

Leeds Private Investigator – Call the Titan Investigations Leeds Office 0113 4574066

Leicester Private Investigator – Call the Titan Investigations Leicester Office 0116 2436520

Nottingham Private Investigator – Call the Titan Investigations Nottingham Office 0115 9646950

Manchester Private Investigator – Call the Titan Investigations Office 0161 3023008

Sheffield Private Investigator – Call the Titan Investigations Sheffield Office 0114 3499400

Alternatively, you can contact us directly using our fully confidential contact form at enquiries@titaninvestigations.co.uk or chat directly using our Live Chat facility and one of our private investigations team will get right back to you.