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How Legal Is GPS Tracking In America?

How Legal Is GPS Tracking In America?

GPS tracking is a vital part of everyone’s life; we can keep an eye on our loved ones without extra effort while traveling alone and losing friends or market location. But do we ever think is GPS tracking is legal or not? There have been debates on the use of these trackers based on morality – of invasion of privacy. While the manufacturers and vendors support these devices because of their utility, employees do not favor them.

With a technology that has such vast applications, various countries have had to impose laws restricting and defining the legal use of GPS trackers, despite their benefits. So before you start tracking anyone, you must be aware of those rules according to the region. There are some cases like ownership, where it’s legal to track your vehicle, but when you use it on someone else’s asset, you need to look into the laws made by state or local laws. Many new laws are created to protect one from illegal GPS tracking.

Different Circumstances Where It Is Legal To Use GPS Tracking-

Amendment of the Laws for GPS Tracking

GPS tracking has become so convenient that people misuse it to monitor the movements of others unethically for stalking them. Many lawsuits have been filed against using these devices in marketplaces, homes, and offices. Due to this, the US government made some laws and regulations to enforce and control the use of GPS to track private citizens. There have been cases where civilians using these devices to track their employees, children, and others have also been brought to court.

Different GPS Laws In The States Of America

Let us take a look at the laws around GPS use in some US states:

Alabama – Criminal surveillance will be charged to the person who intentionally engages in trespassing in a private place according to section 13A-11-32.

Alaska – If someone is recording, observing, and photographing events occurring in someone else’s residence, vehicle, or workplace without anyone else consent, it will be considered second-degree stalking.

Arizona– If any surveillance is taken place for more than 12 hours using any digital electronics or GPS tracking devices over a specific person without any authorization, it’s considered a stalker.

California – It is illegal to surveil a vehicle with an intent to track the location of its owner without their consent. Only law enforcement agencies are allowed to use GPS trackers for surveillance.

Colorado– If a person is kept under surveillance by the other person with the help of GPS tracking to know about the person’s whereabouts and share the information with a stalker either lately or simultaneously will be charged for stalking, according to Bonnie’s Law.

Connecticut– If a person’s physical safety is affected by the other person and causes them to fear with the repetitive use of GPS, then the person will be charged for electronics stalking.

Delaware– If a person is found guilty of a privacy violation, they are charged with a misdemeanor and class G offense. only law enforcement, parents, and legal guardians are allowed to use GPS tracker to monitor other people/wards.

Florida – If a person installed the tracking device on the other’s property without consent, they have to pay a fine.

Hawai – When a person tracks another with a GPS device with the intent of harassing, annoying or alarming another person, it is considered stalking and illegal.

Louisiana – The senate bill number 123 defines GPS as an electronic device worn by the individual to transmit latitude and longitude, and it should not invade or violate the integrity of a person.

Mississippi – In this state, stalking is defined as an event where someone uses an electronic tracking device to track another person, and they start to feel uneasy.

Nevada– They revised statute 179.51, permitting the use of a tracking device to track the movement of a person or object.

GPS Legality for Police Tracking and Private Investigators

The fourth amendment act and other state and federal laws grant US residents certain protections to privacy, including strict limits on illegal search and seizure. However, nothing in the Constitution legalizes GPS tracking technology or many forms of electronic surveillance.

The Supreme Court and several lower courts issued regulations on GPS tracking in 2012 and 2013. These handled narrow use of the technology by police and employers, respectively. No federal amendments were made to the existing laws on the usage of GPS tracking by private citizens and investigators. In recent years, many cases have been addressed about GPS tracking in the private sector, and the rulings have been largely inconsistent. The similarity between them is that when the owner vehicle is the person who authorized the use of a GPS tracking device, thus the law is on their side.

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