We know you’ve got a lot on your plate, managing projects, clients, and, of course, your fantastic team. One tool that’s become essential in keeping everything running smoothly is GPS tracking. But with great power comes great responsibility, right? That’s why understanding GPS tracking laws by state is crucial to ensure you’re on the right side of the law while keeping tabs on your crew.
Why is GPS Tracking Required for Your Team?
Let's face it, managing a team spread across multiple job sites can be a logistical nightmare. GPS tracking offers a practical solution, providing real-time location data that helps improve efficiency, accountability, and overall productivity. But before you dive into tracking, you need to be aware of the GPS tracking laws by state.
GPS Tracking Laws by State in 2024
| State | Statute/Law | Description |
| Alabama | Alabama Code 13A-11-32 | Illegal to engage in surveillance when trespassing in private places. |
| Alaska | Alaska Code 13-2923 | Illegal to install a monitoring device in a home, vehicle, or workplace without consent. |
| Arizona | Arizona Code 13-2923 | Illegal to use a GPS device to surveil a person for over 12 hours or on multiple occasions without authorization. |
| Arkansas | Arkansas Code 22-8-105 | State-owned vehicles may be equipped with tracking devices. |
| California | California Penal Code 637.7 | Illegal to monitor someone's movements without consent; exceptions for owners, lessees, and law enforcement. |
| Colorado | Colorado C.R.S. 18-3-602 | Vonnie’s Law prevents tracking that causes emotional distress. |
| Connecticut | Public Act 21-56 | Illegal to use GPS tracking to cause fear for someone's safety. |
| Delaware | Delaware Criminal Code Title 11 Chapter 5 | Illegal to install a vehicle tracker without owner's consent; exceptions for law enforcement and legal guardians. |
| Florida | Florida Title 934.425 | Illegal to track someone without consent; exceptions for law enforcement, tracking minors, or elderly relatives. |
| Georgia | No specific GPS tracking legislation. | |
| Hawaii | H.R.S 803-41, H.R.S. 803-42 | Prevents tracking without consent, except with search warrants. |
| Idaho | Idaho Code 18-6702 | Illegal to track, intercept, and disclose communications; does not specifically mention GPS. |
| Illinois | 720 ILCS 5/12-7.3 | GPS tracking prohibited without consent, unless it’s your own property. |
| Indiana | Indiana Code 35-46-8.5-1 | Illegal to track someone with a GPS device without consent. |
| Iowa | Iowa Code 708.11A | Illegal to put a GPS tracker on another person or object without legitimate purpose or consent. |
| Kansas | Senate Bill 217 (2023) | Prevents using an electronic tracking device to harass and stalk; pending signing into law. |
| Kentucky | Kentucky Statute 508.152 | Prevents unlawful tracking without vehicle owner's permission; exceptions for law enforcement and legal guardians. |
| Louisiana | R.S. 14:323 | Prohibits using a tracker to determine a person’s location or movement without consent. |
| Maine | 17-A M.R.S. 210-A | Prevents activities related to stalking, including tracking without consent. |
| Maryland | Maryland Code 3-802 | Illegal to track a person’s location without consent, classified as criminal stalking. |
| Massachusetts | ALM GL. 265-43A | Illegal to use trackers to stalk and cause distress; law enforcement needs a warrant for GPS tracking. |
| Michigan | MCLS 750.5392 | Prevents placing trackers on a vehicle without owner's or lessee's knowledge and consent. |
| Minnesota | Minnesota Statute 626A.35 | Prohibits tracking another person without a court order; punishable by fine or imprisonment. |
| Mississippi | 97-3-107 | Illegal to track someone with an electronic tracking device with intent to stalk; punishable by fine or imprisonment. |
| Missouri | 455.095 | Illegal to install an electronic tracking device on a vehicle without owner's consent; exception for legally indigent persons. |
| Montana | House Bill 603 | Law enforcement must obtain a probable cause warrant before tracking a person's location. |
| Nebraska | 86-2,103 | District courts may issue a warrant to install a tracking device. |
| Nevada | AB356 (2023) | Illegal to electronically track a person without their consent. |
| New Hampshire | 644-A:4 | Prevents placing an electronic tracker without consent since 2015. |
| New Jersey | 4:6B-22 | Prevents employers from electronically tracking employees without permission; fines for violations. |
| New Mexico | 30-3A-3 | Prevents using any device to follow, monitor, or surveil an individual as part of threatening conduct. |
| North Carolina | 14-196.3 | Illegal to track a person’s location without consent. |
| North Dakota | 12.1-17-07.1 | Prevents using a GPS or other tracking device to cause someone to feel intimidated or harassed without legitimate purpose. |
| Ohio | 2903.211 | Addresses conduct leading to fear of harm, including electronic means, but unclear about GPS tracking. |
| Oklahoma | Title 21-1173 | Amended in 2018 to make GPS tracking without consent illegal. |
| Oregon | 163.715 | Illegal to affix a GPS device to a vehicle without owner's consent. |
| Pennsylvania | Title 18 Subchapter D | Illegal to place a mobile tracking device on a vehicle without owner's consent. |
| Rhode Island | Gen. Laws. 11-69-1 | Illegal to install or use an electronic tracking device in a vehicle without the operator's and all occupants' consent. |
| South Carolina | Bill 3213 | Unlawful for individuals or law enforcement to use a GPS tracking device without consent. |
| South Dakota | Codified Laws 23A-35-4.3 | Warrant from a magistrate required to use a GPS tracking device; applicable to law enforcement. |
| Tennessee | Code Ann. 39-13-606 | Illegal to attach an electronic tracking device to a vehicle without all owners’ consent. |
| Texas | Penal Code 16.06 | Unlawful to place an electronic tracking device in a vehicle without owner or lessee consent, or as part of a criminal investigation. |
| Utah | 76-9-408 | Illegal to install a tracker on a vehicle owned or leased by another person without permission. |
| Vermont | 8101 | Any data collected by GPS requires a warrant for law enforcement to access; anti-stalking law prohibits monitoring or tracking. |
| Virginia | 18.2-60.5 | Unlawful to use a tracker through deceptive means to track people without consent. |
| Washington | RCW 9A.90.130 | Prohibits using an electronic location tracker if it would cause reasonable fear. |
| West Virginia | 61-3-50 | Illegal to use GPS devices to discover someone’s whereabouts without consent; second offense is a felony. |
| Wisconsin | 940.315 | Misdemeanor to place GPS trackers on vehicles owned or leased by another person without consent. |
| Wyoming | Stat. 6-2-506 | Illegal to use electronic, digital, or GPS devices to surveil someone without authorization. |
Alabama
In Alabama, GPS tracking is generally accepted with implied consent. There are no specific state laws regulating the use of GPS tracking. However, it is advisable for employers to implement a clear policy to inform employees about tracking practices.
Alaska
Alaska requires written consent for GPS tracking. Employers must establish strict data usage policies to ensure compliance with state regulations and protect employees' privacy.
Arizona
Despite the lack of specific state legislation, employers should create a written policy to clearly communicate tracking practices.
Arkansas
In Arkansas, GPS tracking operates under implied consent, meaning there are no specific state laws regulating its use. Nevertheless, a clear employer policy is recommended to outline the tracking process and maintain transparency.
California
California has strict regulations regarding GPS tracking, requiring written consent. Employers must adhere to data privacy laws and ensure that employees are fully informed about tracking practices, providing explicit consent.
Colorado
Colorado mandates written consent for GPS tracking. Employers need to develop a detailed tracking policy to comply with state laws and ensure all data usage is properly documented and communicated to employees.
Connecticut
Connecticut requires written consent for GPS tracking. Employers must provide specific notices to employees about tracking practices, ensuring that all tracking activities are transparent and consensual.
Delaware
Delaware’s laws mandate written consent for GPS tracking. Employers must clearly disclose tracking policies to ensure compliance and maintain employee transparency.
Florida
In Florida, GPS tracking is permissible with implied consent. However, employers should have a written policy outlining tracking practices to ensure transparency and avoid potential misunderstandings or legal issues.
Georgia
Georgia follows the implied consent rule for GPS tracking. Employers are advised to create a clear policy to communicate tracking methods and ensure that employees are aware of and agree to the tracking practices.
Hawaii
Hawaii requires written consent for GPS tracking. Employers must explicitly inform employees about GPS tracking practices and ensure that all tracking activities are consensual and properly documented.
Idaho
Idaho operates under implied consent for GPS tracking. While there are no specific state laws, it is recommended that employers have a clear policy in place to maintain transparency.
Illinois
Illinois has stringent requirements for GPS tracking, necessitating written consent. Employers must provide detailed and explicit policies to ensure compliance and maintain transparency with employees regarding tracking activities.
Indiana
In Indiana, GPS tracking is allowed with implied consent. Employers should have a well-defined policy to communicate tracking practices effectively and ensure that employees are informed about the tracking methods.
Iowa
Iowa allows GPS tracking with implied consent. Despite the absence of specific state legislation, employers should implement a clear policy to keep employees informed and maintain transparency regarding tracking practices.
Kansas
Kansas operates under implied consent for GPS tracking. Having a transparent employer policy is beneficial to ensure that employees are aware of tracking practices and to avoid any potential legal issues.
Kentucky
Kentucky follows the implied consent rule for GPS tracking. Clear communication through an employer policy is advisable to inform employees about tracking methods and practices.
Louisiana
In Louisiana, GPS tracking is allowed with implied consent. Employers should create a detailed policy to maintain transparency and ensure that employees know and agree to the tracking practices.
Maine
Maine requires written consent for GPS tracking. Employers must have clear and written policies to ensure compliance and provide explicit notice to employees about tracking practices.
Maryland
Maryland mandates written consent for GPS tracking. Employers need to develop detailed tracking policies and provide specific notices to employees to ensure compliance with state laws.
Massachusetts
Massachusetts requires written consent for GPS tracking. Employers must provide explicit notices to employees and ensure that all tracking activities are properly documented and consensual.
Michigan
Michigan’s laws necessitate written consent for GPS tracking. Employers must clearly disclose tracking practices and ensure that employees are fully informed and provide explicit consent.
Minnesota
Minnesota requires written consent for GPS tracking. Employers must follow specific notice requirements and provide clear and written policies to ensure compliance and transparency.
Mississippi
In Mississippi, implied consent is sufficient for GPS tracking. However, it is recommended that employers implement a well-defined policy to outline tracking methods and ensure transparency with employees.
Missouri
Missouri operates under implied consent for GPS tracking. Creating a transparent policy helps communicate tracking practices to employees and maintain trust and compliance.
Montana
Montana mandates written consent for GPS tracking. Employers must establish strict data usage policies and provide explicit notice to employees about tracking practices.
Nebraska
In Nebraska, GPS tracking operates under implied consent. A well-defined employer policy aids in maintaining transparency and ensuring that employees are aware of tracking practices.
Nevada
Nevada requires written consent for GPS tracking. Employers must develop detailed tracking policies and ensure that employees provide explicit consent and are informed about tracking practices.
New Hampshire
New Hampshire’s laws necessitate written consent for GPS tracking. Clear disclosure of tracking practices is needed to ensure employee compliance and transparency.
New Jersey
New Jersey mandates written consent for GPS tracking, governed. Employers must provide specific notices to employees and ensure that all tracking activities are documented and consensual.
New Mexico
New Mexico operates under implied consent for GPS tracking. Creating a detailed employer policy helps maintain transparency and ensure that employees are informed about tracking practices.
New York
In New York, GPS tracking is subject to written consent requirements. The New York State Labor Law prohibits employers from using GPS tracking to monitor employees without their explicit written consent..
North Carolina
In North Carolina, GPS tracking is permissible with implied consent. However, a clear policy outlining tracking methods is advisable to ensure transparency and avoid potential legal issues.
North Dakota
North Dakota requires written consent for GPS tracking under. Employers must provide explicit employee notices and ensure that all tracking activities are consensual and properly documented.
Ohio
Ohio follows the implied consent rule for GPS tracking. A transparent employer policy helps communicate tracking practices effectively and maintains employee trust.
Oklahoma
Oklahoma operates under implied consent for GPS tracking. Having a clear employer policy is beneficial to ensure that employees are aware of tracking practices and to avoid any potential legal issues.
Oregon
Oregon mandates written consent for GPS tracking. Employers must develop clear and written policies to ensure compliance and provide explicit notice to employees about tracking practices.
Pennsylvania
Pennsylvania requires written consent for GPS tracking. Employers must provide detailed tracking policies and ensure that employees are fully informed and provide explicit consent.
Rhode Island
Rhode Island’s laws necessitate written consent for GPS tracking. Employers must clearly disclose tracking practices and ensure that all tracking activities are consensual and properly documented.
South Carolina
In South Carolina, GPS tracking is permissible with implied consent. A well-defined employer policy aids in maintaining transparency and ensuring that employees are informed about tracking practices.
South Dakota
South Dakota operates under implied consent for GPS tracking. Creating a transparent policy helps in communicating tracking methods to employees and maintaining trust and compliance.
Tennessee
Tennessee follows the implied consent rule for GPS tracking. Clear communication through an employer policy is advisable to ensure that employees are aware of tracking methods and practices.
Texas
Texas operates under implied consent for GPS tracking. Clear communication through an employer policy is advisable to ensure transparency and avoid potential legal issues.
Utah
Utah requires written consent for GPS tracking. Employers must follow specific notice requirements and provide clear and written policies to ensure compliance and transparency.
Vermont
Vermont mandates written consent for GPS tracking. Employers must provide explicit employee notices and ensure that all tracking activities are properly documented and consensual.
Virginia
Virginia’s laws require written consent for GPS tracking. Employers must develop detailed tracking policies and provide explicit notice to employees to ensure compliance.
Washington
Washington requires written consent for GPS tracking. Employers must provide clear and written policies to ensure compliance and maintain employee transparency.
West Virginia
In West Virginia, GPS tracking is permissible with implied consent. A transparent employer policy helps communicate tracking practices effectively and maintain employee trust.
Wisconsin
Wisconsin mandates written consent for GPS tracking. Employers must provide explicit employee notices and ensure that all tracking activities are documented and consensual.
Wyoming
Wyoming operates under implied consent for GPS tracking. Creating a detailed employer policy helps maintain transparency and ensure that employees are aware of tracking practices.
Balancing Tracking Benefits with Privacy Rights
While GPS tracking offers significant benefits, it's crucial to balance these with employee privacy rights - plus, clearing up any GPS tracking myths for both your employees and yourself is an absolute must! Employers should be transparent about the purpose of tracking, the data collected, and how it will be used. Open communication helps build trust and ensures compliance with GPS tracking laws by state. Need more info? Here are some GPS tracking FAQs to explore.
Ethical Issues to Consider
- Consent: Always obtain clear, informed consent from employees before implementing GPS tracking.
- Transparency: Be upfront about the tracking process and its purpose.
- Data Security: Ensure the data collected is secure and used only for legitimate purposes.
- Fair Use: Avoid using tracking data unrelated to work performance or safety.
Employee Rights in GPS Tracking Laws By State
By adhering to GPS tracking laws by state, you can ethically and legally track your employees, ensuring compliance and maintaining trust within your team. Use tools like Clockshark’s GPS time clock to simplify the process and stay on the right side of the law.
Frequently Asked Questions on GPS Tracking Laws by State
Can My Employer Track My Location Without My Consent?
Generally, no. Most states require some form of implied or written consent to legally track an employee’s location.
Is GPS an Invasion of Privacy?
When used appropriately and with consent, GPS tracking laws by state dictate that it is not an invasion of privacy. It becomes problematic if used without proper disclosure or for non-work-related purposes.
What Are the Penalties for Non-Compliance with GPS Tracking Laws by State?
Penalties can vary by state but may include fines, legal action, and reputational damage. It’s crucial to stay compliant with state laws to avoid these risks.
How Can Employers Ensure They Are Compliant with State-Specific GPS Tracking Regulations?
Employers should familiarize themselves with the laws in each state where they operate, obtain necessary consent, implement clear policies, and use secure tracking systems.
Track Employees Ethically and Legally with Clockshark’s GPS Time Clock
ClockShark offers a robust GPS time clock system to help you legally and ethically track your team. With features that ensure compliance and transparency, it’s the perfect tool for managing your workforce efficiently.
This article is for informational purposes only. We make no representation or warranty regarding its accuracy, adequacy or completeness at the time of reading.
