Personal protection at work

Tachograph and positioning devices are electronic devices in a vehicle that process or enable the processing of personal data about drivers, including their position, movement or driving behaviour.

Employer Responsibility

The employer may generally install a tachograph or other positioning device in cars on behalf of the company if the data protection legislation is complied with.

Before installing a tachograph or other positioning device in an enterprise's car, the employer must:

• have clear authority in data protection laws

• have a clear purpose for monitoring, for example to ensure driver safety, to reduce driving costs or to allow for large fleet monitoring

• demonstrate a particular need for monitoring in order to achieve the legitimate and objective purpose.

• educate staff about the monitoring

• document compliance with the above mentioned points, for example in the company's processing records

It is always necessary to check whether a goal can be achieved with less severe means and to take care not to go beyond the need. The employer must carry out a documented interest assessment of whether the interests of the company for the monitoring in question outweigh the rights of staff to personal protection and privacy. The material collected during the monitoring may not be used for other and incompatible purposes than originally planned.

If a vehicle which may be used for private purposes has a tachograph or positioning device, it shall be possible to turn the device off. The registered person shall be informed of this by verifiable means.

A person has the right to examine the data that is generated about him during the monitoring and the request may be made orally or in writing. This does not apply, however, if the right of the individual to have the data examined is considered to be disproportionate to the interests of others or his own interests.