Consent Requirements for Vehicle GPS Tracking in Australia
GPS tracking is widely used across Australia by businesses, fleet operators, and private individuals. While GPS tracking is legal in many situations, consent is a key legal and ethical requirement.
Understanding when consent is required — and how to obtain it properly — is essential to avoid legal risk and protect trust.
This guide explains the consent requirements for vehicle GPS tracking in Australia and what you need to know before installing a tracker.
Why Consent Matters in GPS Tracking
GPS tracking records a vehicle’s location and movement. In many cases, this data can be linked to a person.
Because of this, GPS tracking often involves personal information and is subject to:
- Privacy laws
- Workplace surveillance laws
- State and federal legislation
- Consent and notification requirements
Consent is about ensuring people are aware of and agree to being tracked.
Is Consent Always Required?
Consent is not required in every situation, but it is required in many common use cases.
The need for consent depends on:
- Who owns the vehicle
- Who is using the vehicle
- How the tracking is being used
- Whether the tracking involves monitoring individuals
The key principle is:
If tracking can identify or monitor a person, consent or disclosure is usually required.
Tracking Your Own Vehicle
If you own the vehicle and are the only user, consent is not an issue.
This includes:
- Your personal car
- Your work vehicle (if you are the sole user)
- Vehicles owned by your business and not used by others
As the owner, you are entitled to track your own property.
Consent in Company Vehicles Used by Employees
If a company vehicle is used by employees, consent and disclosure become important.
Employers must:
- Inform employees that GPS tracking is in place
- Explain why tracking is used
- Outline how data will be used
- Include tracking in policies or contracts
In many states, notification is legally required.
Secret or undisclosed tracking of employees may be unlawful.
Consent and Workplace Surveillance Laws
Each state in Australia has its own workplace surveillance laws.
For example:
- NSW – Workplace Surveillance Act
- VIC – Surveillance Devices Act
- QLD – Invasion of Privacy Act
- Other states – various surveillance and privacy legislation
While the laws differ, the principles are consistent:
- Employees must be informed
- Surveillance must be for legitimate purposes
- Covert surveillance is heavily restricted
If your business operates across multiple states, follow the strictest standard.
Tracking Personal Vehicles Requires Consent
Installing a GPS tracker on a vehicle you do not own requires clear consent.
This includes:
- An employee’s personal car
- A partner’s vehicle
- A family member’s car
- A contractor’s vehicle
Tracking someone’s vehicle without their knowledge or permission can be unlawful and may expose you to serious legal consequences.
Family and Shared Vehicles
For family or shared vehicles:
- It is best practice to inform all regular users
- Consent should be obtained where appropriate
- Transparency avoids disputes and legal risk
Secretly tracking family members or partners without their knowledge can raise serious legal and ethical issues.
Consent in Rental and Hire Vehicles
For rental, hire, or lease vehicles:
- Tracking is commonly used for security and fleet management
- Customers should be informed in the rental agreement or terms
- Disclosure protects the business and meets legal expectations
Most reputable rental companies include tracking disclosure in their contracts.
How Should Consent Be Obtained?
Consent can be obtained through:
- Employment contracts
- Workplace policies
- Fleet policies
- Vehicle use agreements
- Rental or hire agreements
- Written notices
- Onboarding documents
The key is that consent must be:
- Informed – the person knows tracking is in place
- Voluntary – not hidden or deceptive
- Clear – not buried in fine print
Implied Consent vs Explicit Consent
In some cases, consent may be implied.
For example:
- A company vehicle with clear signage stating “Vehicle is GPS Tracked”
- A fleet policy that clearly states tracking is used
However, best practice is always explicit consent through written documentation.
This provides protection for both parties.
Consent and After-Hours Use
If a company vehicle is used after hours:
- Employers should explain how tracking data is handled
- Tracking should be limited to business purposes
- Personal use should be respected where allowed
Clear policies avoid disputes.
GPS Tracking and Children or Vulnerable People
For minors or vulnerable individuals:
- Parental or guardian consent is required
- Tracking should be used for safety, not control
- Transparency is important
Misuse can raise legal and ethical concerns.
What Is Not Acceptable
You should never:
- Track someone without their knowledge or consent
- Install a tracker on a vehicle you do not own or control
- Use tracking to harass, stalk, or intimidate
- Use tracking deceptively
These actions can be illegal and carry serious penalties.
Who Is Responsible for Obtaining Consent?
The responsibility lies with the person or business using the GPS tracker.
GPS providers supply the technology, but:
- Users must obtain consent
- Users must ensure lawful use
- Users must comply with all relevant laws
This is standard across Australia.
Best Practice for Consent and GPS Tracking
To stay compliant:
- Inform all users that tracking is in place
- Obtain written consent where required
- Include tracking in policies and agreements
- Be transparent about how data is used
- Avoid covert or hidden tracking
- Use tracking only for legitimate purposes
These steps protect both the user and the business.
Final Thoughts
GPS tracking is legal in Australia, but consent is a critical requirement in many situations.
If you:
- Own the vehicle or have authority
- Inform users
- Obtain consent where required
- Use tracking responsibly
Then GPS tracking can be used lawfully and ethically.
When in doubt, transparency and consent are always the safest approach.
