From the 2017 Report of the Italian Data Protection Authority stand out a particular interpretation regarding the traceability of business smartphone, also lecit without the employee permission, but in the presence of some guarantees for workers and third party.
Balance of interests
To delineate a guideline, the Supervisor commented a few 2017 cases in which he considered legal the traceability of business smartphones, talking about “balance of interests”: the company is authorised to know the workers location in order to improve the provided service.
The first situation concerns a water service Company. The data processing without the consent of the worker is allowed to ensure better management of emergency and to protect the fleet vehicle.
Another case is about a Company of advertising distribution in mailboxes that is allowed to track employees to improve the material delivery.
The Guarantor considered legal the use of a tracking system without a prior consent of the employees in the following cases:
using nickname in order to prevent the worker recognition
the tracking happen only during working time
employee is warned about the tracking by a special device icon