Legal Update – Tracking Company-Owned Vehicles

Last year, Ohio passed a new law regulating the use of tracking devices on company-owned vehicles.  In case you missed it, we are writing to provide you with a brief overview of employers’ rights and responsibilities under this new law, as well as best practices to ensure compliance and protect employee privacy.

Ohio Law (R.C. 2903.216)
Ohio law permits employers to install tracking devices on company-owned or leased vehicles for legitimate business purposes (tracking work-related mileage, workplace safety, etc.). However, employers must:

• Remove tracking devices before transferring vehicle ownership or at the end of a lease, unless the new owner or lessee provides written consent.
• Not use tracking devices for unlawful purposes.

Failure to comply may result in potential civil and criminal liability.

Best Practices
To minimize risk and ensure compliance, employers should:

• Clearly inform employees about vehicle tracking, its business purpose, how data is used, and obtain written, signed employee acknowledgment and consent.
• Limit tracking and monitoring to work-related activities and business hours.
• Maintain a written policy defining the scope and limits of tracking.
• Secure tracking data and limit access to authorized personnel.
• If personal use of vehicles is permitted, disable tracking during off-hours and/or during personal use.

Key Takeaway
Tracking company-owned vehicles is generally permissible under Ohio law when done transparently, for legitimate business purposes, and in a manner that reasonably respects employee privacy.

Should you have any questions, Attorneys Randall Comer, Shannon Wahl, Benjamin Noll, or any of our other experienced attorneys would be happy to assist you.  Please contact us at (937) 324-5541 or visit www.martinbrowne.com.