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GPS Tracking Laws New Jersey

Is It Legal To Track A Car In The State Of New Jersey?

Are you afraid your partner might be having an affair? Or maybe an employee is misusing your company car? If you are thinking about using a GPS vehicle tracking device to track a personal vehicle or company vehicle this article will give you some answers about GPS tracking laws in New Jersey so you do not violate anyone’s Fourth Amendment rights. Let’s dig into it all!

Related Article: Is It Legal To Track Your Spouses’ Vehicle?

GPS Tracking Employee Vehicles In NJ – 10 Facts

  1. New Jersey law defines location tracking as the use of a vehicle person or device designed or intended to track the movement of a vehicle, person or device.
  2. Employers are prohibited from tracking an employee’s personal vehicle without the employee’s express written consent.
  3. Employers must provide written notice to employees before using any tracking devices in employee-operated vehicles.
  4. New Jersey employers are required to comply with the laws and provide notice to employees about the purpose of tracking and the type of information collected.
  5. Employers who violate New Jersey’s GPS tracking laws may face civil penalties, including class action lawsuits and monetary damages.
  6. Employers who track their employees must provide notice and obtain written consent for the tracking of any employee-operated vehicle.
  7. Employers are required to reimburse employees for any expenses incurred as a result of the tracking.
  8. New Jersey’s GPS tracking laws apply to all employers, including local government and white-collar employers.
  9. Employers are encouraged to seek legal counsel to ensure compliance with the law.
  10. GPS tracking is considered no more of an invasion of privacy than red light cameras or security cameras.

If you are considering using a GPS device to monitor employee vehicles you must understand the GPS tracking laws in New Jersey. First of all, we would encourage you to consult with a law firm in Newark, Jersey City, Lakewood, Clifton, or wherever you plan on using GPS systems in New Jersey for tracking employee vehicles. Under Jersey laws, new employment laws require private companies in the state to provide written notices before they track an employee’ vehicle. This law is set to begin on April 18th, 2022.

NJ Judge Rules In Favor Of P.I. Surveillance Techniques

The debate on whether GPS tracking system technology infringes on privacy rights remains a contentious issue. As GPS usage expands across businesses, law enforcement, and personal tracking, opinions diverge on the appropriate scope of vehicle monitoring. Some states mandate warrants for GPS use, while others view it as non-invasive. Recently, a Gloucester County Judge ruled in favor of a private investigation firm’s GPS monitoring practices during a suspected cheating spouse investigation. This ruling reignited discussions about the delicate balance between privacy and GPS tracking technology. Given the increasing prevalence of GPS systems, it’s crucial to establish clear guidelines that uphold privacy rights while harnessing the benefits of GPS technology. By fostering ongoing dialogue, we can navigate the complexities and ensure responsible and ethical GPS usage while respecting individuals’ privacy concerns.

Frequently Asked Questions

Are New Jersey Employers Allowed To Secretly Track Their Employees’ Location?

No, New Jersey law defines location tracking as the use of a vehicle person, or device designed or intended to track the movement of a vehicle, person, or device. The law requires employers to provide written notice to employees before using tracking devices in employee-operated vehicles. Employers are also required to provide notice to employees about the purpose of tracking and the type of information collected.

Can An Employer Secretly Track An Employee’s Personal Vehicle In New Jersey?

No, New Jersey employers are prohibited from tracking an employee’s personal vehicle without the employee’s express written consent. The law requires employers to provide notice to employees before using tracking devices on vehicles and to obtain written consent for the tracking of any employee-operated vehicle.

What Are The Penalties For Employers Who Violate New Jersey’s GPS tracking Laws?

Employers who violate New Jersey’s GPS tracking laws may face civil penalties, including class action lawsuits and monetary damages. Employers who are found to have tracked their employees without providing notice or obtaining consent may also be required to reimburse employees for any expenses incurred as a result of the tracking.

Do New Jersey’s GPS Tracking Laws Apply To Private Employers Only?

No, New Jersey’s GPS tracking laws apply to all employers, including local government and white-collar employers. Employers are required to comply with the laws and provide notice to employees before using any tracking devices in employee-operated vehicles. Employers are also encouraged to seek legal counsel to ensure they are in compliance with the law.

Private Investigator Is Sued in New Jersey

Innovative Investigations used GPS to confirm a client’s suspicion that her husband was cheating. However, the cheating husband, who also happened to be a law enforcement officer, filed a lawsuit against the private investigation company and his soon-to-be ex-wife, claiming emotional distress. Judges ruled that the use of a personal tracking system did not cause serious psychological damage, as Villanova never sought the help of a doctor and had no expectation of privacy on public streets.

The ruling is a strong statement for private investigators, who are pleased with the judges’ decision. The New Jersey Licensed Private Investigators Association representative explained that GPS tracking is no more invasive than red light cameras, security cameras, or keystroke logger devices. It is not safe to assume a right to privacy

Information in this article is not legal advice! We highly encourage anyone filing for divorce or considering tracking without consent to speak with a qualified attorney in Trenton, Princeton, Hackensack, or the city they live in within New Jersey. Reading a law blog is no substitute for failing to fill out a contact form and speaking directly with an attorney who specializes in electronic communications.

Are you going through a child custody case or divorce in New Jersey? The process of property division, child custody, and visitation can be extremely difficult for any person, especially when the divorce is contentious. So if you are trying to gather evidence on a cheating husband or wife, please reach out to a divorce attorney or family law firm before investing in GPS tracking devices. Anything you say will be protected under the attorney/client relationship protection.

Matthew Henson
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