GPS Tracking Laws California

Is It Illegal To Put a GPS Tracker On Someone's Car In California?

There are many reasons why you might think about getting a GPS vehicle tracker. Maybe you suspect your partner is cheating and want to track them without their knowledge. Or maybe you run a small business and are worried an employee is using a company vehicle without permission. Whatever your reason for wanting to put a GPS tracker on someone’s car in California, the big question is whether it’s legal. With so much confusion about GPS tracking laws, our security experts are here to give you the basics. So, if you’re thinking about secretly using a GPS tracking system on a vehicle, this article is for you.

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Is GPS Tracking Legal In California?

When it comes to GPS tracking laws in California, things aren’t as clear-cut as you might hope. That’s the first thing you need to know if you’re thinking about putting a GPS tracker on someone else’s vehicle. For instance, California law says it's a misdemeanor to place a tracking device inside a car that isn’t yours. But here's the catch: if you own the car, the rules change. California Penal Code 637.7 clarifies that the law doesn’t apply when the registered owner, lessor, or lessee of the vehicle has given consent to use the tracking device. So, if you or your company owns the vehicle, you’re allowed to track it without letting the driver know. This is actually how many car dealerships keep track of cars when payments are overdue—they can legally use GPS tracking because they technically own the car until it’s fully paid off.

Another grey area in California GPS tracking laws is whether you can place a tracker outside a vehicle parked on public property. For example, it’s illegal to hide a GPS tracker inside a car you don’t own or sneak into someone’s garage to put one on their car. But if that car is parked on a public street and you place a GPS tracker on the outside, technically, it isn’t against the law.

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California Penal Code 637.7 lays out the rules for using GPS trackers, and it’s essential to know where you stand if you're thinking about tracking someone’s car. Here’s the breakdown:

(a) In California, you can’t use an electronic tracking device to track someone’s location or movement without their consent.

(b) But there’s an exception—if you’re the registered owner, lessor, or lessee of the vehicle, you can legally use a tracker with consent. So, if it’s your car, you’re good to go.

(c) Law enforcement agencies also have a pass here—they can use GPS tracking legally when they need to.

(d) And by “electronic tracking device,” they mean anything you attach to a vehicle (or something movable) that uses electronic signals to reveal its location or movement.

This law was added back in 1998 and took effect in 1999, so it's been around for a while.

Thinking About Tracking Employees? Here’s What You Need to Know:

If you’re an employer in California, you can legally track company-owned vehicles. But before you go full Big Brother, there are a few things to keep in mind:

1. Consent is Key: You need to get your employees' permission before tracking them with GPS.
2. For Business Use Only: GPS tracking should only be for legitimate business purposes, like managing a fleet of vehicles.
3. Keep It Transparent: You must inform your employees about any vehicle tracking and monitoring devices you plan to use.
4. Respect Privacy: California laws, including the state constitution, protect your employees' privacy rights when it comes to GPS tracking.
5. Work Hours Only: Don't use GPS data collected outside of work hours against your employees.
6. Stick to the Law: Misusing GPS tracking can lead to civil penalties, so it’s essential to follow the rules.
7. Respect Employee Rights: Even with GPS tracking, you must respect workers' compensation benefits and other rights.
8. Follow All Guidelines: Even if you’re considering using alternative tech like digital license plates, the same rules apply.
9. Stay Updated: Laws around GPS tracking are constantly changing, so make sure you keep up with the latest updates.

Bottom Line: If you’re thinking about using a GPS tracker—whether it’s on a car, a fleet, or even for personal use—always consult with an attorney familiar with local laws. GPS tracking laws in California (and everywhere else) are always evolving, and staying informed is your best bet to stay legal. Remember, this article isn’t legal advice, so get professional guidance to be sure you’re on the right track!

Frequently Asked Questions

Is It Legal to Use GPS Tracking Devices on a Teen Driver in California?

Yes, as a parent, you can generally use a GPS tracker to keep an eye on your teen driver in California, especially if they’re under 18. It's mainly for their safety and to encourage responsible driving. But remember, it’s important to balance keeping them safe with respecting their privacy. Talking openly with your teen about why you're using a GPS tracker and setting clear expectations can help keep the trust. Always stay up to date on changes in California laws and consider consulting with a legal expert to get the most accurate info on tracking your teen’s driving.

Can I Legally Track My Spouse's Vehicle with a Hidden GPS Tracker in California?

Short answer: No, not without their consent. California law generally doesn’t allow you to track your spouse’s car without them knowing. If you do, you could be violating California Penal Code Section 637.7, which could lead to civil penalties. However, if you’re the registered owner, lessor, or lessee of the car, and you’re using the GPS tracker for reasons like preventing theft, there might be a loophole. Just be clear that your intention is for vehicle security, not secretly tracking your spouse.

Can Employers Track Employees’ Work Vehicles Using GPS Fleet Management Tools in California?

Yes, employers can use GPS to track company-owned vehicles in California. But there are rules to follow. You need to let your employees know about the GPS monitoring, get their consent, and make sure it's for legitimate business reasons. Staying compliant with California employment laws, like the California Consumer Privacy Act, is a must. If you’re unsure, checking out resources from legal experts like Jackson Lewis PC can be helpful.

How Does California Law Protect Employees' Privacy When Using GPS Trackers?

California takes employee privacy seriously. Employers need to inform employees and get their consent before using GPS tracking. Plus, any data collected outside of work hours shouldn’t be used against them—your personal time is your personal time. There are also rules around respecting workers’ compensation and other rights, which could mean limiting the use of tracking devices.

Can You Use Alternative Devices or Tracking Apps to Monitor Employees in California?

Yes, you can use alternative devices or tracking apps to monitor employees, but they have to follow the same rules as GPS trackers. That means you need to notify employees, get their consent, and only use the technology for legitimate business purposes. If you’re thinking about using something other than a GPS device, it’s a good idea to talk to a legal expert to make sure you’re on the right side of the law.

Disclaimer: The information in this article is for general informational purposes only and shouldn’t be taken as legal advice. While we try to keep everything accurate and up-to-date, laws like the California Penal Code, intellectual property law, and the California Consumer Privacy Act can change. We aren’t responsible for any errors or actions you take based on this content. Always consult with a qualified attorney or law firm, like Jackson Lewis PC, for legal advice specific to your situation. Use this article as a guide, but know that the final responsibility is yours.

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