The use of geolocation in work relationships, especially through mobile devices or tracking systems, has been gaining increasing attention. While this technology can support the management of external teams and the control of working hours, it needs to be used with great caution. For companies, the topic is relevant considering demands related to data protection and labor compliance.
From a legal standpoint, geolocation can be a legitimate management tool, assisting in work hour control, worker safety in the field, and route planning. However, the collection and processing of this data must adhere to principles such as necessity, specific purpose, and proportionality. Excessive control, such as monitoring employees outside of work hours or in strictly private spaces, can lead to legal consequences.
Recent decisions by the Superior Labor Court (TST) indicate the use of GPS as valid evidence, useful for determining working hours and employment relationships, especially for those who work externally. However, situations where monitoring extends to rest periods, or occurs without consent and transparency, have resulted in understandings of abuse on the part of the employer.
Thus, the adoption of geolocation tools without the support of clear and properly formalized internal policies exposes the company to questions regarding the legality of the processing of personal data and respect for the privacy of workers, especially in light of the principles of necessity, purpose, and proportionality provided for in the LGPD (Brazilian General Data Protection Law).
To mitigate such risks, it is essential that the use of geolocation be strictly linked to the performance of professional activities, with prior and unequivocal communication to employees regarding the monitoring, detailing the specific purposes of the processing, limiting data collection to the effective work period, and adopting robust information security mechanisms. The implementation of transparent internal policies, accompanied by adequate training for managers and team leaders, constitutes an essential governance program to ensure regulatory compliance.
Furthermore, employers who use time tracking applications, corporate devices, or vehicle tracking systems should periodically review their procedures, ensuring full compliance with labor and data protection regulations, reducing legal liabilities and strengthening a culture of compliance.
Therefore, companies that use or wish to adopt tracking technologies must structure a solid governance model that aligns productivity and legal security, ensuring respect for worker privacy and compliance with the LGPD (Brazilian General Data Protection Law) and labor legislation.