The feeling of being constantly monitored during working hours, or worse, outside of them, through company geolocation tools, generates significant stress and a sense of violation of one's personal sphere. The use of GPS technology on company vehicles or mobile devices, if not properly regulated, can turn into illegitimate remote surveillance. As a lawyer specializing in compensation for damages in Milan, Avv. Marco Bianucci deeply understands the legal and emotional implications of this undue surveillance, offering targeted protection to workers whose fundamental rights are trampled upon.

The Regulatory Framework: Workers' Statute and GDPR

In Italy, remote monitoring of workers is strictly regulated by Article 4 of the Workers' Statute (Law 300/1970), as amended by the Jobs Act, and by the European Privacy Regulation (GDPR). The law establishes that geolocation tools can only be used for organizational and production needs, for workplace safety, and for the protection of company assets. However, their installation can never have the primary purpose of monitoring the employee's work performance.

A crucial point concerns notification: the employer is obliged to adequately inform the employee about the methods of use of the tools and the execution of controls. If the GPS is installed without the worker's knowledge or if the collected data is used for purposes other than those declared, this constitutes a violation of the law. Such unlawful conduct may entitle the worker to compensation for non-pecuniary damage, understood as an infringement of dignity and privacy, in addition to rendering the data collected unusable for disciplinary purposes.

The Bianucci Law Firm's Approach to Privacy Protection

Avv. Marco Bianucci, thanks to his consolidated experience as a lawyer specializing in compensation for damages in Milan, adopts a meticulous defense strategy to protect employees who are victims of covert or illegitimate monitoring. The firm's approach begins with a technical and legal analysis of company documentation, verifying the presence and correctness of privacy notices and any necessary union agreements for the installation of GPS devices.

The objective is to demonstrate not only the illegitimacy of the employer's conduct but also the existence of damage suffered by the worker. Often, in fact, illegitimate surveillance causes a state of anxiety, work-related stress, or damage to professional image that deserves compensation. Avv. Marco Bianucci works to quantify this prejudice, building a solid evidentiary framework to negotiate fair compensation or, if necessary, to take legal action for the restoration of legality and compensation for damages suffered.

Frequently Asked Questions

Can an employer install GPS on a company car without telling me?

No, the installation of geolocation devices must always be preceded by adequate notification to the worker. Covert monitoring is prohibited by law, except in exceptional cases related to well-founded suspicion of serious crimes committed by the employee, and always within very strict time limits.

Can GPS data be used to fire me?

Data collected via GPS can be used for disciplinary purposes only if the worker has been previously informed clearly and in detail about the monitoring methods, as required by the Privacy Code and the Workers' Statute. In the absence of proper notification, the use of such data is illegitimate, and any disciplinary action can be challenged.

Can I claim damages if I discover I have been illegally monitored?

Absolutely yes. Violation of privacy and illegitimate remote monitoring infringe upon the worker's constitutional rights. It is possible to take action to obtain compensation for non-pecuniary damage by demonstrating the suffering and distress resulting from the intrusion into one's private sphere.

Does the GPS have to be turned off outside of working hours?

As a general rule, yes. Continuous monitoring even outside of service hours constitutes a serious interference with the employee's private life and is disproportionate to business needs. Systems should allow for deactivation during breaks or for mixed use of the vehicle.

Request a Case Evaluation

If you suspect that your privacy has been violated through the improper use of GPS systems or if you have suffered sanctions based on unlawfully collected data, it is crucial to act promptly. Contact Avv. Marco Bianucci at the Milan office to analyze your situation. Together, we will assess the grounds for a claim for damages and for the protection of your professional dignity.