Is It Legal To Track A Car With GPS?

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We are sometimes asked by clients about the possibility of tracking people with GPS technology without them knowing they are being tracked. The reasons they want to do this vary; from tracking an employee or business partner in a company car, to tracking a teenager who might have just gotten their license or as it is in most of the requests, placing a GPS tracker in the car of a suspected unfaithful spouse.

Our response is that it is possible and in fact it is very straightforward and is being used more and more by private investigators. GPS trackers are small, reliable and very effective in tracking, logging and reporting the historical location of the vehicle to the investigator. The GPS system’s software also works seamlessly with many online map services such as Google Maps.

The question is, “Is it legal to track a car with GPS”?

GPS tracking law is determined at the State level and each State’s laws are typically different. It’s part of the private investigator’s responsibility to know the law and ensure that the device is being used in compliance with the law. Both the client and the private investigator could be liableif the GPS tracker is not used appropriately.

The legality of secretly installing a GPS tracker is a very fact-sensitive issue and needs to be looked at on a case-by-case basis. Just like checking a person’s email, the legality of secretly planting a GPS tracker depends on who owns the vehicle. For example, spouses can legally access their spouse’s email in scenarios where there is a jointly owned computer or a computer that is used by the entire family.

The key issue in the planting of a GPS system is whether the person who was tracked had a reasonable expectation of privacy. Most courts have yet to rule on the use of GPS devices and as such, there is some gray area, as the law is typically five years behind technological developments.

However, the short technical answer to the above question is, that if you own the vehicle or have joint ownership of it, then it is perfectly legal to use a GPS system to monitor it.

Most private investigators will require the client to show proof of ownership and sign an authorization that grants the private eye permission to install the tracking device.

Learn more about GPS Tracking - Frequently Asked Questions (FAQ)

Joe Cordes is the VP of Investigations at MSA Investigations