Geolocation at work: is it legal to record your employees’ location?

Recording location at clock-in helps you know the work is done where it should be. But location is personal data, and using it requires doing it right. This is what to keep in mind in Mexico.

Location is personal data

The Federal Law on the Protection of Personal Data Held by Private Parties applies to companies that process their staff’s data. As an employer you are the data controller: you decide what it is used for and must protect it. A software provider such as Trekk System acts as processor, following your instructions.

Principles you must follow

• Information. You must give your staff a privacy notice explaining what data you collect (location, photo), what for and who sees it.
• Purpose. Use location only for what you said, for example to verify that the attendance record was made at the workplace.
• Proportionality. Collect only what is necessary. Recording location at clock-in is different from tracking someone all day or outside their workday.
• Limited access. Only those who need the data should see it, with role-based permissions.
• Retention. Do not keep data longer than necessary.
• Rights. Your staff may exercise their rights of access, rectification, cancellation and objection.

Consent

In many cases, data needed for the employment relationship may be processed without additional consent, but the privacy notice is still mandatory. The conclusion depends on each case, so check it with your attorney, especially if you use photos or plan uses other than attendance.

Good practices

1. Inform in writing before enabling geolocation and keep proof.
2. Limit it to the moments of clock-in, within working hours.
3. Explain that it serves to verify attendance, not to monitor their private life.
4. Use the photo only as evidence of the record, and not for other purposes.
5. Define who accesses the data and for how long it is kept.

How PPanel handles it

PPanel stores location when recording check-in, check-out or activities, and the photo when your company requires it. The employer decides what to enable. We publish the app terms of use so your staff know what data is used and what for, and the privacy notice. Remember that the notice to your employees is your responsibility as employer.

This topic connects with the obligation to electronically record working hours. Request a demo.

This article is informational and is not legal advice: consult your labor attorney for your case.