Tracking tools have improved quickly. Today, people and businesses can easily follow someone’s location or actions using smartphones and GPS.
These tools are common in daily life and work. Parents use them for kids, companies use them for vehicles and employees.
But tracking someone without telling them can be illegal. What is allowed depends on the place, reason, relationship, and method used.
What Is Tracking?
Tracking means using technology to watch where someone goes or what they do. It can involve phones, computers, or vehicles.
Phone tracking and digital tracking show a person’s location, messages, or internet use. These tools can work secretly in the background.
Hidden vehicle tracking uses GPS to follow someone’s car without them knowing. All these methods can become illegal if done without clear permission.
When Is Tracking Someone Legal?
Tracking is legal under specific circumstances. Here are 5 legal scenarios:
1. Parental Consent for Minors
Parents can use a tracker to monitor their child’s location. For example, a parent placing a portable GPS tracker in a child’s school bag is legal when the child is underage.
2. Tracking Company-Owned Devices
Employers are allowed to use a tracker on company-owned vehicles or phones. For example, a business can monitor a delivery van using a tracker to improve route efficiency.
3. Explicit Consent
Tracking is legal when the person gives clear permission. For example, two adults agreeing to share their locations using a tracker falls within legal boundaries.
4. Court Orders or Legal Authority
Law enforcement can use a tracker if a court grants official permission. For example, police may place a tracker on a suspect’s car after getting a warrant.
5. Tracking Personal Property
An owner can place a tracker on their own property, such as a car or phone. For example, someone using a portable GPS tracker to locate their own car is legally allowed.
When Is Tracking Someone Illegal?
Tracking becomes illegal when it breaks GPS tracking laws or is done without informed consent. These laws protect individuals from being monitored without their knowledge. Here are 5 illegal scenarios:
Tracking Adults Without Consent
Tracking an adult without their clear approval breaks privacy laws. For example, placing a tracker on a partner’s phone without telling them is illegal.
Using Spyware or Stalkerware
Installing secret apps that capture texts, calls, or browsing activity is a crime. For example, placing spyware on a coworker’s phone is considered cyberstalking.
Hidden Tracker in Personal Items
Putting a tracker in someone’s bag, car, or clothes without their knowledge is treated as stalking. For example, hiding a GPS tracker in an ex-partner’s purse is a criminal offense.
Unauthorized Access to Digital Accounts
Using someone’s account details to track them without permission is illegal access. For example, logging into an ex-partner’s digital account to trace their location is against federal law.
Breaking Privacy Policies
Companies that track people without changing their terms or notifying users break consumer laws. For example, tracking users through a service without updating privacy terms is unlawful.
Legal Consequences of Illegal Tracking
Criminal Charges
Tracking someone without permission can lead to criminal charges. This includes stalking, wiretapping, and computer fraud.
Civil Lawsuits
The person being tracked can file a lawsuit. They can ask for money due to stress, harm, or loss of privacy.
Restraining Orders
Courts can stop the person from getting close or tracking again. This order is meant to protect the victim from further harm.
Fines & Imprisonment
Illegal tracking can lead to jail time or a fine. The punishment depends on the law in that state.
Grey Areas and Exceptions
Not all tracking situations are clear-cut. Some cases depend on location, ownership, or purpose. Here are three exceptions where legal outcomes can change:
Public vs. Private Spaces
Tracking in public spaces may be allowed since there is less expectation of privacy. But doing the same in private settings without consent can lead to legal trouble.
Shared Devices
Using a shared device that both people access may not count as illegal tracking. For example, if both spouses use the same phone or tablet, tracking through it might be legal.
Intent
Courts look at the reason behind tracking. If it’s done to protect someone, like a vulnerable adult, the action may be accepted.
A family member using a wearable tracker to follow a dementia patient’s movement could be legal. State laws decide if it’s seen as protection or invasion.
How To Legally Track Someone?
To follow tracking laws, the process must be clear, open, and approved. Use these five steps to stay compliant:
Get Explicit Consent
Always ask for clear approval before tracking. Keep digital or written proof to show consent was given.
Use Transparent Tools
Choose tools that ask for permission before tracking. These tools often have built-in consent features.
Track Owned Devices Only
Only track devices or vehicles that you own. This ensures you’re not invading someone else’s privacy.
Respect Data Retention Laws
Do not keep tracking data longer than needed. Delete location records once they are no longer useful.
Comply With Workplace Rules
If tracking employees, explain it in writing. Make sure your workplace policies clearly mention the tracking purpose and method.
Conclusion
Tracking someone without their permission can be illegal and cause serious problems. It depends on where you live, why you’re tracking, and how you’re doing it.
Some tracking is legal if the person agrees or if the device belongs to you. But using a tracker in secret, especially on someone else’s phone or car, is often against the law.
To stay safe, always get clear permission and follow local rules. If you’re not sure, don’t track—ask a legal expert first.
FAQ’s
Is it ever legal to track someone without telling them?
Yes, it is legal in specific cases such as when tracking your minor child, using a tracker on your own property, or when acting under a court order. These situations allow tracking without permission because they fall within legal rights or law enforcement authority.
Can I use a tracker on my spouse’s car without permission?
No, you cannot legally track your spouse’s car without consent, even if you are married. Unless you own the car yourself or have clear written permission, doing so can be considered stalking or invasion of privacy.
What happens if I get caught tracking someone illegally?
If you track someone illegally, you can be charged with crimes such as stalking, wiretapping, or fraud. You may also face civil lawsuits, fines, or imprisonment based on your actions and state laws.
Is it legal for an employer to track employees during work hours?
Yes, an employer can legally track employees if they are using company-owned phones or vehicles. However, the employer must clearly inform employees about the tracking in written company policies.
Can I track my lost phone or car without breaking the law?
Yes, tracking your own phone or car is legal since it is your personal property. Using a portable GPS tracker on what you own is allowed, even if someone else is currently using it.