Are GPS devices legal?
Although each of us dreams and expects privacy, unfortunately, in reality we are - consciously or unknowingly - followed at every step. Think of this situation: you leave a grocery store and immediately receive a Google notification to rate it and give it a certain number of stars. You add a photo to a social network and you immediately have a suggested location where the photo was taken.
Tracking, tagging GPS location, like everything else in life, has its advantages and disadvantages. Thanks to GPS, you can easily navigate the car in unfamiliar territory, knowing that you will definitely reach your destination. Recently, airtags have been gaining in popularity, allowing you to determine the location of your flight baggage. Not to mention, for example, dedicated software such as "Where is my child?". But at the same time, you feel that even Google knows your every step, using it, for example, to present you with dedicated ads (probably you can call it to manipulate your everyday choices?).
However, let's consider whether GPS devices are legal at all.
Polish Legal acts related to GPS devices
The highest legal act, which is the Constitution of the Republic of Poland, provides us with the right to privacy (Article 47. Everyone has the right to legal protection of private and family life, honor and good name, and to decide about his personal life).
The entire work of a detective is defined in the Act of 6 July 2001 on detective services. And so, Article 7 reads: When performing detective services (…), a detective may not use technical means as well as operational and reconnaissance methods and activities reserved for authorized bodies under separate regulations. Therefore, it is obvious that the police, the prosecutor's office, the Central Bureau of Investigation, the Central Anti-Corruption Bureau or other bodies of public uniformed services have a much wider scope for action in this respect. Unfortunately, it has not been specified exactly which measures and methods belong to this group.
Digging further into the subject, we come across the judgment of the District Court in Suwałki of December 19, 2013 (reference number II Ka 267/13), which reads: Installing a GPS device in the vehicle of a person who is the subject of a detective order related to the observation of a person remains an operational and reconnaissance activity, provided for in art. 7 of the Act on Detective Services, reserved for other authorized bodies (e.g. Police, Internal Security Agency, Border Guard).
The legality of installing GPS transmitters is analogous to the legality of installing wiretaps. No detective or even a private person can do that. However, there are some exceptions. For example, if you want to put a GPS device in a car that you own, you can go ahead and do so. Thus, you protect yourself against the potential loss of the car as a result of a possible theft. If you are a co-owner of the car - you should inform the other owner that you have installed a GPS. If you do not do this, you expose yourself to a lawsuit related to the violation of personal rights. If he did it illegally, the detective faces up to 3 years in prison! (Art. 45 of the Act on detective services: Whoever, while providing detective services, performs activities reserved by law for state authorities and institutions, is subject to a fine, restriction of liberty or imprisonment for up to 3 years).
So is there any circumstance where it is legal to put on GPS transmitters? Yes!
As previously mentioned, GPS devices can be used by parents to track their child's location. They are also helpful in the case of the elderly, those with memory loss or dementia. Then the issue of saving life or health prevails over the right to privacy. GPS devices are also used in transport companies to quickly and accurately track the location of the fleet - NOTE! In this case, the employee should be notified of the installed device.
The offer of a detective office in detecting illegal GPS wiretaps
Detective Bureau Piotr Poźniak offers the service of checking the car and property for illegally installed GPS devices. Based on many years of experience, based on professional equipment, we guarantee a professional service as well as assistance in securing any detected device. Such a transmitter is evidence in a case that you can report to the police and demand the initiation of proceedings.
