Is it Legal to Track a Mobile Phone?
The Constitution clearly defines the rights and freedoms of citizens, protect the privacy of his/her personal life. Is receiving information from the mobile monitoring system a violation of the Legal Code? To answer this question, let us turn to the interpretation of the term “private life” established by law: this is information that concerns only this person and is not subject to outside influence or control of the state.
When You Have a Right to Do It?
But if this procedure is carried out within the framework of the employment contract, which implies social control by the employer, this is another question.
- It should be noted that a staff member carries out labor activities in accordance with the Labor Code, and, therefore, this type of activity is subjected to state control. From this provision, it follows that monitoring of location during a working day does not interfere into the private life of an employee if this is a service number.
- The individual’s relocations during working hours are also related to job assignments. This is not the case of privacy and may be under the supervision of the boss or HR Director.
Is the data transmitted via mobile monitoring systems personal? According to the law, info about human labor activities is private. But learning it is envisaged by the agreement of both parties: according to it, a person has certain obligations to honestly fulfill the duties. So in order to assess his/her professional performance, tracking a mobile phone is a way to evaluate results and quality of work.
Big Brother Eye
The fact that smartphones know more about their owners than they can even imagine has been known for a long time.
The most obvious opportunity to obtain information about the venue the user is envisaged by a geolocation feature, which is built into any gadget on Android. Moreover, remember that your Google profile stores detailed information about your movements around the city during the day. Such is a mutual agreement with a company. If you had bought their product, you automatically gave access to your private life to this giant enterprise’s staff. And now you may only rely on their honesty not to disclose details of your route to the third parties – such actions surely violate the law.
But don’t even dream that with iPhone there are no threats to you: Google still knows about your pastime, including which path you took from the subway to the bus stop. It is possible to hide from the “all-seeing eye” only in roaming if data transfer is disabled. In this case, the information about the movements is not sent anywhere.
Remember that to monitor other person’s gadget just for fun is not legal and may cause a court hearing.