Company’s Collection of GPS Information from Cell Phones Upheld

An elevator service company gave its mechanics cell phones and then collected information from the GPS in the phones when the mechanics were on duty. The company used the information for various reasons, including ensuring the safety of the mechanics who usually work alone. Mechanics complained that the collection and use of this information violated privacy laws. The Information and Privacy Commissioner found that the GPS information was personal information covered by the privacy laws. But the company wasn’t collecting more information than was necessary for its legitimate business purposes and the system was likely to be effective for those purposes. Also, the collection and use of the GPS information wasn’t an offence to the mechanics’ dignity. Lastly, the Commissioner concluded that the company had provided adequate prior notice to the mechanics of its intent to collect this information and what it would be doing with it [Kone Inc (Re), [2013] BCIPC 23 (CanLII), Aug. 28, 2013].