GPS Tracking Laws 2026: A State-By-State Guide

Imagine you own a small business near the California-Arizona border that does business in both states. You want to install GPS trackers in your fleet to enhance oversight, streamline employee routes, and provide real-time delivery updates for your customers; however, what happens when workers cross state lines? How do GPS laws differ from state to state? While you added GPS tracking to improve your operations, are you unknowingly breaking the law when you enter a different state? 

While GPS tracking offers numerous benefits, understanding the relevant laws in each state is critical for ensuring your company remains compliant while utilizing this technology.

In this OnTheClock blog article, we’ll dive into the federal and state laws governing GPS tracking across the U.S., clarifying the federal guidelines and explaining the legal nuances in different states. Whether you’re tracking company vehicles or monitoring employee locations for operational efficiency, this guide will help you navigate the complex legal landscape of GPS tracking.

GPS Tracking Laws By State

Some states have laws specifically addressing GPS tracking, while others regulate it through privacy, stalking, or electronic monitoring laws. Here’s a brief look at all 50 states.  

Alabama — Alabama does not have a specific state law addressing employer GPS tracking. Employers may generally track company-owned vehicles or devices for legitimate business purposes. However, tracking someone without authorization could violate privacy or surveillance laws.

Alaska — Alaska does not have a state law specifically regulating employer GPS tracking. However, using a tracking device to monitor someone without their knowledge in a way that causes fear or harassment may fall under the state’s stalking laws.

Arizona — Arizona does not have a state law specifically governing employer GPS tracking. However, using a tracking device to monitor someone without authorization in a way that constitutes harassment or stalking may violate state law.

Arkansas — Arkansas state law does not have a specific employer GPS tracking statute. Tracking company vehicles is generally permitted for legitimate business purposes, but employers should avoid tracking personal vehicles or devices without consent.

California — California state law prohibits using an electronic tracking device to determine the location of a person without consent. Employers commonly track company-owned vehicles but should obtain employee acknowledgment or written consent. 

Colorado — Colorado does not have a specific employer GPS tracking statute. However, tracking someone in a way that constitutes harassment or stalking may violate state law. Employers typically track company assets with notice to employees. For more information, reference Vonnie’s Law.

Connecticut — Connecticut requires employers to notify employees about electronic monitoring, which can include GPS tracking. Written notice is typically required before implementing monitoring practices. For more information, reference Public Act 21-56 and the Electronic Monitoring Act. 

Delaware — Delaware state law requires employers to notify employees before engaging in electronic monitoring. This requirement can include GPS tracking of company vehicles or devices.

Florida — Florida state law generally allows employers to track company-owned vehicles and devices for business purposes. However, tracking personal property without consent may violate privacy laws.

Hawaii — Hawaii state law restricts installing tracking devices on vehicles without the owner’s consent. Employers should obtain permission before tracking personal vehicles and should notify employees when tracking company vehicles.

Idaho — Idaho state law does not have a specific employer GPS tracking law. Employers typically may track company-owned vehicles but should avoid monitoring personal vehicles or devices without consent.

Illinois — Illinois state law generally allows employers to track company-owned vehicles. However, tracking personal vehicles or personal devices without consent may raise privacy concerns.

Indiana — Indiana state law does not have a specific employer GPS tracking statute. Employers commonly track company vehicles for business purposes, but tracking personal vehicles or devices should involve employee consent.

Iowa — Iowa state law generally permits GPS tracking when it is done for legitimate business purposes. Employers should inform employees when tracking company vehicles or devices.

Kansas — Kansas state law does not have a specific law governing employer GPS tracking. However, tracking someone without authorization in a way that causes harassment or fear may violate stalking laws.

Kentucky — Kentucky state law does not have a specific employer GPS tracking statute. Employers generally may track company vehicles but should obtain consent when monitoring personal vehicles or devices.

Louisiana — Louisiana state law prohibits installing a tracking device on a vehicle without the owner’s consent. Employers should obtain permission if the vehicle is not company-owned.

Maine — Maine state law does not have a specific employer GPS tracking law. However, tracking someone in a way that constitutes harassment or stalking may violate state law.

Maryland — Maryland state law restricts the use of tracking devices on vehicles without the owner’s consent. Employers typically may track company vehicles but should avoid monitoring personal vehicles without permission.

Massachusetts — Massachusetts state law does not have a specific statute governing employer GPS tracking. However, privacy and harassment laws may apply if tracking is done without authorization.

Michigan — Michigan state law generally allows employers to track company-owned vehicles or equipment. Tracking personal vehicles or personal devices without consent could raise privacy concerns.

Minnesota — Minnesota state law does not have a specific employer GPS tracking law. Employers typically track company vehicles but should obtain consent before tracking personal vehicles or devices.

Nevada — Nevada state law restricts placing tracking devices on vehicles without the owner’s consent. Employers typically may track company-owned vehicles but should notify employees.

New Hampshire — New Hampshire state law restricts installing tracking devices on vehicles without the owner’s consent. Employers should notify employees when using GPS tracking systems.

New Jersey — New Jersey state law requires employers to provide written notice before using tracking devices in vehicles used by employees. Employers must inform employees that GPS or similar location technology may be used.

New York — New York state law generally allows employers to track company-owned vehicles for business purposes. However, tracking personal property without consent may violate privacy laws.

North Carolina — North Carolina state law does not have a specific employer GPS tracking statute. However, tracking someone without authorization could violate stalking laws.

North Dakota — North Dakota state law does not have a specific employer GPS tracking law. Employers may track company vehicles but should notify employees of monitoring practices.

Oklahoma — Oklahoma state law restricts installing a tracking device on a vehicle without the owner’s consent. Employers should obtain permission when tracking personal vehicles.

Oregon — Oregon state law restricts installing tracking devices on vehicles without the owner’s consent. Employers typically track company vehicles with employee notice.

Pennsylvania — Pennsylvania state law prohibits placing tracking devices on vehicles without the owner’s consent. Employers typically track company vehicles but should notify employees.

Rhode Island — Rhode Island state law restricts installing tracking devices without consent but generally allows tracking of company-owned vehicles used for business purposes.

South Carolina — South Carolina state law does not have a specific employer GPS tracking statute. Employers should notify employees before implementing tracking systems.

Tennessee — Tennessee state law restricts installing tracking devices on vehicles without the owner’s consent. Employers should obtain consent when tracking personal vehicles.

Texas — Texas state law prohibits installing a tracking device on a vehicle without the owner’s consent. Employers may generally track company-owned vehicles used for business purposes but should avoid tracking personal vehicles without permission.

Utah — Utah state law restricts installing tracking devices on vehicles without the owner’s consent. Employers should notify employees when GPS tracking is used.

Virginia — Virginia state law restricts installing tracking devices on vehicles without the owner’s consent. Employers should notify employees when tracking is used.

Washington — Washington state law generally allows employers to track company-owned vehicles or devices. Tracking personal property without consent may violate privacy laws.

Wisconsin — Wisconsin state law restricts placing tracking devices on vehicles without the owner’s consent. Employers should notify employees before implementing tracking.

Wyoming — Wyoming state law does not have a specific employer GPS tracking statute. However, tracking someone without authorization may violate stalking laws.

The following states do not have laws specifically addressing employer GPS tracking, but general privacy, stalking, or surveillance laws may still apply:
Georgia, Mississippi, Missouri, Montana, Nebraska, Ohio, and West Virginia.

Legal Considerations Based on Operational Location

The laws and regulations governing GPS tracking can vary significantly depending on the jurisdiction in which your business operates. As noted, some states impose few restrictions, while others enforce strict guidelines that can impact how and when tracking can occur. For example, states like California and Texas have specific laws that regulate the use of GPS for tracking employees and company assets. In contrast, states like Illinois criminalize tracking vehicles without the owner's consent unless the vehicle is company-owned.

Business owners must evaluate the legal requirements based on where their vehicles are driven and where employees reside. Operating across multiple states adds complexity, as it may necessitate a patchwork of compliance measures tailored to each region. For businesses that frequently cross state lines, it may be worthwhile to seek legal guidance to ensure you’re fully compliant in all examples. Those who break the law may face consequences. Several lawsuits demonstrate the fragility of such GPS laws, including:

• Cunningham vs. New York State Department of Labor: This lawsuit challenged the New York State Department of Labor’s warrantless planting of a GPS tracking device on an employee’s personal car. The device, implemented as part of an investigation into workplace misconduct, tracked the whereabouts of 30-year Department of Labor employee Michael Cunningham and his family for at least a month, including during evenings, weekends, and while the family went on vacation out of state. On June 27, 2013, the New York State Court of Appeals unanimously ruled that the state acted unlawfully by tracking his personal movements outside of working hours.
  
  
• Elgin v. St. Louis Coca-Cola Bottling Co.: This lawsuit set a precedent allowing employers to use GPS in company-owned vehicles for tracking employees, enabling companies to implement GPS fleet tracking systems.
  
  
• United States v. Jones: This case established that evidence obtained through GPS trackers placed without a warrant may be inadmissible in court based on Fourth Amendment rights.

Ownership of Vehicles and Legal Implications

Ownership of company vehicles plays a pivotal role in determining the legality of GPS tracking for employers. When a company owns the vehicles used by employees, it generally has the right to monitor their locations through GPS tracking, as previously noted in Elgin v. St. Louis Coca-Cola Bottling Co. Employers are typically within their legal rights to track company-owned vehicles during work hours and, in some cases, even outside of work hours, provided the tracking is for legitimate business purposes.

However, if employees use personal vehicles for work, the legal landscape becomes more complex. In these cases, employers must obtain explicit consent before installing or using GPS tracking. Additionally, tracking should be limited to business hours to avoid potential privacy violations. Without consent, tracking personal vehicles may lead to legal consequences, such as claims of invasion of privacy, and can expose the employer to lawsuits or penalties, as noted in Cunningham vs. New York State Department of Labor.

The type of vehicle ownership also affects how the law is interpreted in different states. Some states, like Illinois, criminalize tracking a vehicle without the owner's consent unless the vehicle is company-owned. Therefore, companies must carefully assess vehicle ownership and comply with state-specific laws to avoid legal risks.

What Happens When GPS Tracking Crosses State Lines?

GPS tracking laws can become more complex when vehicles cross state lines, as regulations differ from state to state. While some states have minimal restrictions on tracking company-owned vehicles, others enforce stricter privacy protections for employees. When a vehicle moves from one jurisdiction to another, employers must consider the laws of both the origin and destination states to ensure compliance.

Example: Crossing the California-Arizona Border with Active GPS Tracking 

In the introduction of this article, we posed a hypothetical scenario for a business operating near the Arizona-California border and asked the question: What happens when workers utilizing GPS tracking cross state lines?

Well, here’s the answer! 

As noted previously, California has strict laws governing GPS tracking, especially in the context of employee privacy. Under the California Penal Code § 637.7, it is illegal to track a vehicle without the owner’s consent. If the company owns the vehicle, consent is implied, but employee privacy rights must still be considered. Tracking employees outside of work hours or for nonbusiness-related purposes could violate privacy laws. Additionally, California employers must ensure their GPS tracking practices are transparent, typically requiring written consent or a clear company policy informing employees of the tracking.

Arizona, on the other hand, has fewer restrictions on GPS tracking for company-owned vehicles. In Arizona, employers can legally track company-owned vehicles without the need for employee consent as long as the tracking is for legitimate business purposes. The state does not have specific laws restricting GPS use, like California, so employers have more leeway when tracking vehicles within its borders.

When a vehicle moves between California and Arizona, the more restrictive California laws would generally prevail, especially if the employee is based in California. Thus, companies should ensure tracking aligns with California's consent and privacy requirements, even while the vehicle is in Arizona. 

In summary, to minimize any compliance concerns, employers should:

• Make sure employees are aware of GPS tracking policies;
• Limit tracking to work-related purposes, regardless of which state the vehicle is in; and
• Obtain employee consent, ideally in writing, to avoid potential legal issues, particularly under California law.

Creating a GPS Tracking Policy

Implementing a GPS tracking policy is a critical step for companies using GPS technology to monitor employees, vehicles, or equipment. A well-crafted policy ensures tracking is transparent, lawful, and respects employee privacy. Additionally, a thorough, location-sensitive GPS tracking policy should also outline clear guidelines for tracking company-owned assets versus employee-owned devices or vehicles. Here are some steps to consider when creating a policy.

1. Clearly Define the Purpose: The first step in creating a GPS tracking policy is to establish why the company is tracking employees or assets. Clearly outline the legitimate business reasons for using GPS, such as improving fleet efficiency, ensuring employee safety, reducing fuel costs, or optimizing route planning. By stating the purpose, you foster trust and transparency, reducing any concerns employees may have about being monitored.
2. Choose the Right Tracking Methods: Select the most appropriate GPS tracking methods for your business. Depending on your needs, you might use hardware (such as vehicle-mounted trackers) or software (like GPS-enabled apps). Detail which methods will be used to track employees, vehicles, or equipment, and explain how the data will be collected, including whether it will monitor real-time location, speed, or routes.
3. Establish Boundaries for When and What Will Be Tracked: Specify the scope of when employees will be tracked. For example, employees will only be tracked during work hours or when they are using company-owned vehicles or equipment. Also, establish what will be tracked. This could include vehicle locations, employee check-ins, route details, etc. Be clear about what types of data will be collected and avoid unnecessary tracking during nonwork hours to protect employee privacy.
4. Obtain Employee Consent: Before implementing GPS tracking, make sure to notify employees in writing and obtain their consent. While this may not be legally required in every jurisdiction, it’s a best practice that protects your business from future disputes. Include details about how data will be collected, stored, and used, and have employees sign the policy to acknowledge their understanding and consent.
5. Outline Data Use and Security Measures: Explain how the GPS data will be used and who will have access to it. This could include performance evaluations, route optimization, or compliance monitoring. It’s equally important to specify how the data will be secured, ensuring it is protected from unauthorized access. This might involve encryption, restricted access, or secure storage protocols. Employees should feel confident that their location data is protected against misuse or breaches.
6. Limit Data Access: To further safeguard employee privacy, limit access to GPS tracking data to authorized personnel only. Specify which roles within the company (e.g., fleet managers, HR personnel, etc.) will have the right to view and use the data. This ensures accountability and minimizes the risk of misuse.
7. Comply with Legal Requirements: A GPS tracking policy must adhere to local, state, and federal laws. For example, states like California have stringent privacy regulations that may require employers to obtain consent or limit tracking to business-related activities. Ensure your policy complies with all relevant laws, particularly if your business operates across multiple states.
8. Regularly Review and Update the Policy: The legal landscape surrounding GPS tracking is always evolving. Schedule regular reviews of your GPS tracking policy to ensure it remains compliant with current laws and industry best practices. Update the policy as needed and communicate any changes to your employees.
9. Enforce the Policy and Outline Consequences: Clearly define the consequences for employees who tamper with tracking devices or violate the GPS tracking policy. This could include disciplinary actions or termination for serious offenses. At the same time, ensure managers and authorized personnel handle GPS data responsibly with clear consequences for misuse.

A GPS Tracking Policy Template for You to Use

Are you looking to implement a GPS tracking system for your company vehicles or employees? We’ve drafted a customizable template designed to help you outline how GPS data will be collected, used, and secured — keeping both your business and employees informed and protected. This template will help you craft a comprehensive GPS tracking policy that balances operational efficiency with employee rights, fostering a transparent and legally compliant workplace. Feel free to alter this document to suit your needs.

Download our GPS tracking template by clicking here.

Does Your Time Tracking Software Utilize GPS?

Navigating the complex landscape of GPS tracking laws can be a daunting task for any business operating across state lines. By understanding and complying with the varied regulations, you ensure your use of GPS technology remains lawful and respects employee privacy. From clearly defining your tracking purposes to obtaining necessary consents and regularly reviewing your policy, each step is crucial to maintaining a compliant and transparent operation.

As you refine your GPS tracking practices, consider enhancing your overall operational efficiency with robust time tracking software. Efficient time management complements effective GPS tracking by providing comprehensive insights into employee hours, project progress, and productivity metrics. By integrating a reliable time tracking solution, you not only streamline your workforce management but also ensure every aspect of your operations aligns with legal requirements and business goals.

Ready to take your business operations to the next level? Optimize your workflow with OnTheClock to stay ahead of compliance challenges.