Legal, Privacy & Compliance

Privacy Considerations for GPS Tracking in Australia

Daniel Brunes

Jan 8, 2026

GPS tracking is widely used across Australia by businesses, fleet operators, and individuals to improve efficiency, safety, and security. However, because GPS tracking involves collecting location data, privacy is a critical consideration.

Understanding how privacy laws apply — and how to use GPS tracking responsibly — is essential to avoid legal risk and maintain trust.

This guide explains the key privacy considerations for GPS tracking in Australia and what users should be aware of.

Why Privacy Matters in GPS Tracking

GPS tracking records the location and movement of a vehicle. In many cases, this data can be linked to an individual.

This means GPS tracking often involves personal information and must be handled carefully.

In Australia, privacy is protected under:

The Privacy Act 1988
Australian Privacy Principles (APPs)
Workplace surveillance laws
State-based privacy and surveillance legislation

The focus is not on banning GPS tracking, but on using it responsibly and lawfully.

Is Location Data Considered Personal Information?

Yes, in many situations.

Location data can:

Identify where a person lives or works
Show patterns of movement
Reveal personal habits or behaviour

Because of this, location data is treated as personal information when it can be linked to an individual.

Businesses must handle location data with the same care as other personal information.

Privacy and GPS Tracking in Business

For businesses using GPS tracking in company vehicles, privacy obligations include:

Informing employees that tracking is in place
Using tracking data only for legitimate business purposes
Limiting access to authorised staff
Storing data securely
Not using data in a way that is excessive or intrusive

GPS tracking should support operations, safety, and compliance — not be used to micromanage or harass staff.

Employee Privacy and Workplace Tracking

Employees have a right to privacy, even when using company vehicles.

Employers should:

Clearly disclose tracking in policies and contracts
Explain why tracking is used
Explain how data will be used
Avoid unnecessary monitoring outside work hours

Secret or covert tracking of employees without disclosure may be unlawful and can damage trust.

Privacy and Personal GPS Tracking

For private individuals using GPS tracking in personal vehicles, privacy considerations still apply.

You should:

Only track vehicles you own or control
Inform family members or other drivers where appropriate
Avoid covert tracking of partners, family members, or others

Tracking someone without their knowledge or consent can raise legal and ethical issues.

Consent and Transparency

Consent is one of the most important privacy concepts in GPS tracking.

Best practice is to:

Inform users that tracking is in place
Obtain consent where required
Be transparent about how data is used

Clear communication protects both the user and the person being tracked.

Data Access and Control

GPS tracking data should only be accessible to authorised users.

This means:

Restricting access within the business
Using secure logins
Not sharing tracking data unnecessarily
Not using data for non-business purposes

Access controls are a key part of privacy compliance.

Data Storage and Security

Because GPS data can be sensitive, it must be stored securely.

Businesses should ensure:

Secure systems are used
Reasonable safeguards are in place
Data is not exposed to unauthorised access

Australian privacy law requires reasonable steps to protect personal information.

How Long Should GPS Data Be Kept?

There is no fixed legal timeframe, but best practice is:

Keep data only as long as necessary
Delete or anonymise data when no longer required
Avoid keeping historical tracking data indefinitely without reason

Data retention should be proportionate to business needs.

GPS Tracking and After-Hours Privacy

Tracking outside of work hours is an important consideration.

Employers should:

Clearly define working hours
Limit use of tracking data to business purposes
Avoid unnecessary monitoring during personal time

Overly intrusive tracking can raise privacy concerns and harm employee relations.

GPS Tracking and Third Parties

Sharing GPS tracking data with third parties should be avoided unless:

It is required for legitimate business purposes
The recipient is authorised
Privacy obligations are met

Data should never be shared casually or without a valid reason.

Kill Switch and Privacy

Some GPS trackers include engine immobilisation features.

When used:

They should be installed professionally
Used lawfully and responsibly
Activated only when the vehicle is safely stationary

Kill switches should never be used in a way that infringes privacy, safety, or legal rights.

What Is Considered a Privacy Breach?

Examples of privacy breaches include:

Tracking someone without consent
Secretly monitoring employees
Sharing tracking data without authority
Using tracking data for harassment or intimidation
Failing to protect data from unauthorised access

These actions can expose individuals and businesses to legal consequences.

Who Is Responsible for Privacy Compliance?

The responsibility lies with the person or business using the GPS tracker.

GPS providers supply the technology, but:

Users must ensure lawful use
Users must comply with privacy obligations
Users must obtain any required consent

This is standard across Australia.

Best Practice for Privacy and GPS Tracking

To stay compliant and protect privacy:

Inform all users that tracking is in place
Obtain consent where required
Use tracking data only for legitimate purposes
Restrict access to authorised users
Store data securely
Avoid unnecessary or intrusive monitoring
Have clear policies in place

These steps protect both the business and individuals.

Final Thoughts

GPS tracking is legal and widely used in Australia, but privacy must always be respected.

When used transparently, responsibly, and for legitimate purposes, GPS tracking is a valuable tool. When misused or hidden, it can create serious legal and ethical issues.

Respecting privacy is not only a legal requirement — it builds trust and protects your business.

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