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GPS Tracking Laws By State

GPS Tracking Laws By State - Legal Guide For Asset & Vehicle Tracking

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Imagine you own a small business near the California-Arizona border, and you want to use a GPS tracker to keep tabs on your employees with delivery or other travel responsibilities. With GPS tracking devices, you know you could also provide delivery updates to enhance your customer service. You’re worried about one critical thing, though. Will the GPS tracking laws in one state make it harder for you to improve oversight and boost customer service? The following guide covers GPS tracking laws by state so you can make sure you are following the rules for each location you operate in.

GPS Tracking Laws Can Vary by State

That small business near the California-Arizona border has an issue. When company vehicles enter California, they can’t use GPS tracking devices to monitor employees. It’s perfectly legal to monitor those employees when they’re in Arizona. Once they cross the border, the company must follow laws designed to protect employee privacy. That’s because GPS tracking laws often vary by state. California’s stricter privacy and labor laws force them to get permission from employees before you can track them. Yes, that law applies to employees driving company vehicles during work hours. So, if you put tracking devices in all of your vehicles, get written consent from employees before tracking a person’s location in California. But, the good news is, for the most part, you don’t need to worry about the patchwork of GPS tracking laws. Unless you do a lot of interstate business, you only need to know your state’s laws.

Each State’s GPS Tracking Laws

The U.S. government doesn’t have a federal law telling employers when and where they can track employees. Individual states make those decisions. For the most part, laws on GPS tracking are pretty loose for legitimate businesses with legitimate reasons for tracking. Of course, there are other reasons to track someone. A private investigator or police officer might want to track a person or object to collect evidence. State laws can also influence those activities. For instance, some states will want a search warrant issued before using GPS to track a person’s movement. Please note that the statements provided in this article are not intended as legal advice. Laws can change at any given time and are subject to interpretation. For the most accurate, up-to-date information about GPS tracking laws, contact an attorney with experience in that area of law. Here are the general rules for each state:

Alabama

  • You can use GPS devices to track employees in Alabama.
  • You can’t use a location tracking device in a private place where surveillance would seem hostile, such as on someone's private property
  • Law enforcement can use GPS to track people of interest, but they must get a warrant from a circuit or district court judge.
  • You can learn more about Alabama's tracking laws here: Alabama Code Title 15. Criminal Procedure § 15-5-50

Alaska

  • You can use real-time GPS tracking in Alaska, but it’s a good idea to get consent.
  • State law prevents monitoring locations when it could cause fear in a reasonable person.
  • Law enforcement must get a probable-cause warrant before tracking a person or asset.
  • You can learn more about GPS tracking laws in Alaska at: Court Rules Probable-Cause Warrant for GPS Trackers

Arizona

  • Arizona doesn’t have anti-tracking laws, but you can’t track a specific individual for 12 hours or longer without their consent. Doing so could be considered a misdemeanor under the state’s anti-stalking law.
  • When law enforcement tracks someone or their property, they must provide a copy of the warrant within 90 days after they stopped tracking.
  • You can learn more about Arizona GPS tracking laws at: Arizona State Legislature

Arkansas

  • Arkansas doesn’t have any laws that prevent GPS tracking.

California

  • No one can track another person without consent in California. Doing so is a misdemeanor offense.
  • You must always get consent before tracking someone in California.
  • Vehicle owners, lessees, and lessors can consent to tracking the vehicle.
  • Installing GPS in company-owned vehicles is fine, but you must get consent before tracking locations.
  • Getting written consent will protect you from anti-stalking laws and labor laws.
  • You can learn more about California GPS tracking laws at: California Code, Penal Code - PEN § 637.7

Colorado

  • Colorado doesn’t have employee-tracking laws, so companies can track their workers.
  • Colorado passed Vonnie's Law in 2016. Vonnie's Law makes it illegal for anyone to follow anyone in ways that would "cause a reasonable person to suffer serious emotional distress." This could apply to GPS tracking, so it's always a good idea to get consent before tracking anyone for any reason.
  • You can learn more about Vonnie's Law at: Vonnie's Law

Connecticut

  • Connecticut law requires getting consent from people before tracking them.
  • An anti-stalking law makes it a Class D felony to use electronic equipment to track someone in ways that would cause reasonable fear or intimidation.
  • You can read more about Connecticut GPS tracking laws at: Electronic stalking: Class D felony

Delaware

  • Delaware law says it’s illegal to install GPS trackers on vehicles withut the owner’s consent.
  • According to a court decision, law enforcement must obtain a search warrant before tracking suspects with GPS.
  • Learn more about Delaware's anti-stalking laws at: Delaware General Assembly

Florida

  • Fleet tracking is legal in Florida without the employee’s consent.
  • It’s illegal to install a GPS tracker on someone else’s vehicle without their consent, but there are exceptions for concerned family members and legitimate business practices.
  • You can learn more about Florida's tracking laws at: The Florida Senate

Georgia

  • Georgia doesn’t have any laws to prevent tracking people through electronic means.

Hawaii

  • As long as you own the vehicle, you can install a GPS device and track its location.
  • You need the owner’s permission if you don’t own the vehicle.
  • Law enforcement should get a court order before tracking people with GPS and similar technologies.
  • You can learn more about Hawaii's GPS tracking laws at: Hawai'i State Legislature

Idaho

  • You can track people in Idaho as long as you don’t gather information about their communications, including speech and texts.
  • Learn more about Idaho's electronic surveillance laws at: Idaho Legislature

Illinois

  • Illinois has anti-stalking laws, but you can install GPS devices on vehicles you own.
  • You can learn more about Illinois anti-stalking laws at: Illinois General Assembly

Indiana

  • A Senate bill would make it illegal to attach a GPS tracker to someone else’s property without their consent. It isn’t a law yet, but you should get consent from drivers just to stay safe.
  • You can learn more about the bill at: Senate Bill 83

Iowa

  • Vehicle owners in Iowa can install GPS trackers on their vehicles. Anyone else must get the owner's permission.
  • Iowa’s laws define business purposes as legitimate reasons to track a person or vehicle.
  • You can learn more about Iowa's tracking laws at: The Iowa Legislature

Kansas

  • You can track employees in Kansas, but avoid tracking them during their off hours.
  • A 2024 bill could soon strengthen Kansas's anti-stalking laws. Learn more at: Kansas Legislature

Kentucky

  • Car dealerships must inform lessees about GPS devices in their vehicles.
  • As long as you own the vehicle, Kentucky law allows GPS tracking.
  • The state has tracking expectations for law enforcement and concerned family members.
  • You can learn more about GPS tracking laws in Kentucky at: Kentucky General Assembly

Louisiana

  • Law enforcement can use electronic tracking to collect evidence as long as the act doesn't violate any other state or federal laws.
  • Employers can use GPS trackers in Louisiana, but they can't track employees during their off hours.
  • Learn more about Louisiana's GPS tracking laws at: Louisiana State Legislator

Maine

  • Law enforcement officers must get warrants before using GPS devices to track persons of interest.
  • Maine has anti-stalking laws, but they don’t apply to employers tracking workers and shipments.
  • You can learn more about Maine's electronic tracking laws at: Maine Legislature

Maryland

  • Maryland doesn’t prohibit tracking, but it’s a good idea to get consent to avoid anti-stalking laws.
  • Learn more about Maryland's anti-stalking laws at: Maryland General Assembly

Massachusetts

  • In Massachusetts, you can’t use location tracking in ways that would likely upset a reasonable person.
  • Law enforcement must get a warrant before tracking people with GPS and similar devices.
  • A bill in the General Court of the Commonwealth of Massachusetts would make it illegal to track vehicles without the owner's consent.
  • You can learn more about the proposed law at: Bill H.1572: An Act Prohibiting Motor Vehicle Tracking Devices Without Consent

Michigan

  • Michigan requires obtaining a vehicle owner's consent before installing a GPS device.
  • Learn more about Michigan's GPS laws here: Michigan Legislature

Minnesota

  • Minnesota law says you can’t install a GPS device on a car unless you have a court order or the driver’s consent.
  • Law enforcement officers can attach GPS trackers to stolen cars, but they must remove them before returning vehicles to their owners.
  • You can learn more about Minnesota's GPS tracker laws at: Minnesota Legislature

Mississippi

  • Mississippi hasn’t passed any laws that would prevent you from attaching a GPS unit to a vehicle and tracking it.

Missouri

  • Missouri doesn’t have any laws that restrict GPS tracking.

Montana

  • Businesses can track employees and company vehicles in Montana.
  • Employers might need to get consent to track an employee-owned vehicle.
  • Montana was the first state to require search warrants before law enforcement can access GPS location information.
  • You can learn more about Montana's electronic surveillance laws at: Montana Legislature

Nebraska

  • Nebraska hasn’t passed any laws that restrict you from tracking other people.

Nevada

  • Nevada doesn’t have any laws about how you can use GPS trackers.

New Hampshire

  • Law enforcement must get a warrant from a court before connecting GPS devices to vehicles or people.
  • Businesses can track company vehicles, but it's a good idea to inform drivers about GPS devices.
  • Employers should seek permission before adding GPS trackers to employee-owned vehicles.
  • You can learn more about New Hampshire's GPS tracking laws at: Justia US Law

New Jersey

  • New Jersey hasn’t passed any laws restricting how people and companies use GPS technology.

New Mexico

  • New Mexico doesn't have laws specifically about GPS tracking, but it does have anti-stalking laws that could apply to how people use GPS devices and data.
  • You can learn more about New Mexico's anti-stalking law at: Justia US Law

New York

  • New York allows businesses to track employee locations, but they must inform the employee and only track locations during working hours.
  • You can learn more about New York labor laws that apply to GPS tracking at: National Law Review
  • In New York, it’s a crime to track someone in ways that would induce fear or intimidation in a reasonable person.
  • You can learn more about New York's anti-stalking laws at: The New York State Senate

North Carolina

  • North Carolina’s cyberstalking law prevents most GPS tracking without the driver’s consent.
  • There are exceptions. For example, businesses can install GPS devices in vehicle fleets to track employees and assets.
  • You can learn more about GPS and North Carolina's anti-stalking laws at: General Assembly of North Carolina

North Dakota

  • North Dakota doesn’t have laws that prevent GPS tracking.
  • It does have anti-stalking laws that make it illegal to track someone in a way that causes fear, intimidation, or harassment.
  • You can learn more about North Dakota's anti-stalking laws at: North Dakota Legislative Branch

Ohio

  • Ohio hasn’t passed any laws regulating how individuals and businesses use GPS.

Oklahoma

  • Oklahoma doesn’t have any laws pertaining to GPS.
  • It does have anti-harassment laws that could apply to situations like attaching tracking systems to another person’s motor vehicle without consent.
  • You can read more about Oklahoma's anti-harassment and stalking laws at: FindLaw

Oregon

  • In Oregon, employers can track employees while they drive company vehicles.
  • Anyone installing a mobile tracking device in a car must get the owner’s consent.
  • Police officers must get warrants before using GPS trackers.
  • You can learn more about Oregon's GPS tracking laws at: Justia US Law

Pennsylvania

  • You must get consent from a vehicle's owner before installing a GPS system.
  • Law enforcement must get a court order before tracking vehicles or people with electronic devices.
  • You can read more about the law at: Pennsylvania General Assembly

Rhode Island

  • In Rhode Island, you must get consent from owners before connecting GPS trackers to vehicles.
  • The state makes reasonable exceptions for parents, law enforcement officers tracking stolen goods, and similar situations.
  • You can learn more about Rhode Island's GPS-related laws at: State of Rhode Island General Assembly

South Carolina

  • South Carolina hasn’t passed any laws regulating GPS tracking.

South Dakota

  • South Dakota doesn’t have laws that regulate how people or businesses use GPS tracking devices.

Tennessee

  • In Tennessee, you can track employees who drive company vehicles.
  • You must get consent to track a personal vehicle owned by someone else.
  • Tennessee law has several exceptions to this rule, including for law enforcement and parents.
  • Learn most about Tennessee's law at: Justia US Law

Texas

  • You must get consent from a vehicle's owner before installing a GPS device.
  • Texas law lets businesses track their employees without consent.
  • You can read Texas's electronic tracking laws at: FindLaw
  • Texas doesn't have clear laws about whether law enforcement must get a warrant to use GPS. Learn more here: Texas District & County Attorneys Association

Utah

  • In Utah, you must get a vehicle owner's consent before installing a GPS tracker.
  • Businesses can track vehicles and other assets without employee consent.
  • Law enforcement officers must get warrants before tracking vehicles.
  • Learn more about Utah's GPS laws at: Utah State Legislature

Vermont

  • Vermont has anti-stalking laws, but GPS trackers can be used as long as they don’t cause harm or fear to the person being tracked.
  • Learn more about Vermont's anti-stalking laws at: Vermont General Assembly

Virginia

  • Virginia law lets employers track their employees, but it's unlawful to track anyone else without their consent, though.
  • The state has made some reasonable exceptions for family members and law enforcement.
  • Law enforcement must get a warrant before using GPS to collect evidence.
  • Learn more about Virginia's GPS and tracking laws at: Virginia's Legislative Information System

Washington

  • It's illegal in Washington to use GPS tracking in a way that would distress a reasonable person.
  • You can learn more about Washington's GPS and anti-stalking laws at: Washington State Legislature

West Virginia

  • West Virginia doesn’t have any laws regulating GPS for people or businesses.

Wisconsin

  • In Wisconsin, you can track any vehicle you own. The rule applies to businesses that wish to track their assets.
  • Wisconsin's anti-stalking laws make it illegal to track someone in a way that would cause a reasonable person distress.
  • You can learn more about Wisconsin GPS-tracking and anti-stalking laws at: Wisconsin State Legislature

Wyoming

  • Wyoming has anti-stalking laws that forbid using GPS devices in ways that cause emotional distress.
  • The state doesn’t have any laws that restrict how businesses track their vehicles and employees.
  • You can learn more about Wyoming's anti-stalking laws at: Justia US Law
GPS Tracking Laws By State

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FAQs

Can I remove a GPS tracker I find on my car? You can remove a GPS tracker as long as you own the car. If you rent or lease the vehicle, you don't have the right to remove the GPS unit. What state has the strictest GPS tracking laws? Most people would agree that California has some of the strictest GPS tracking laws in the country because it prohibits tracking employees during their off hours. Is there a federal law that regulates GPS tracking? No, the federal government hasn't passed a law that regulates how businesses and individuals use GPS tracking.