Is It Illegal to Track Someone’s Location? Your Questions Answered
Cindy Ellis - February 20, 2024
We all are dependent on our phones, aren’t we? From checking the weather to chatting with friends, phones are a big part of our lives.
One feature that’s become common is location tracking. It’s simple to understand why people use it. Parents may want to know where their kids are for peace of mind. Businesses also track their delivery trucks to keep things running smoothly.
But, this ease of tracking brings up important questions. When is it okay to track someone, and what about their privacy?
The answer isn’t always straightforward. The rules vary significantly depending on the state you’re in.
This article discusses in detail whether it’s legal to track someone’s location.
Understanding State-Specific GPS Tracking Laws
GPS tracking laws vary by state in the United States, with each state having its distinct regulations regarding the use of GPS tracking devices.
For example, in California, Only the registered owner, lessor, or lessee of a vehicle is allowed to install such a device to monitor its location.
In Hawaii, using a GPS device to track someone is considered illegal if it’s done with the intent to harass, annoy, or alarm the person being tracked. This is categorized under stalking laws.
In Iowa, it is illegal to place a GPS device on someone’s property, such as their vehicle, to track them without their consent.
New Hampshire also has a law in place to protect against stalking. The law states that you can’t place a tracker on someone’s vehicle without their consent. However, this may change based on why the vehicle is being tracked.
Legal Reasons to Use Location Tracking Apps
While you can’t track someone’s location if you intend to stalk, harass, or invade their privacy, there are legal and legitimate reasons to use location-tracking apps responsibly. This section discusses legal purposes for location tracking, focusing on safeguarding loved ones and respecting boundaries.
Keeping Kids Safe
As a parent, nothing is more important than your child’s safety. In today’s world, that often means knowing where they are at all times. As long as you’re the parent or guardian, tracking your child for safety reasons is within your rights. You can use location tracking apps or Address Lookup to ensure your child’s safety.
However, let your child know you’re using these apps not because you don’t trust them but to ensure they’re always safe. It’s about creating a safety net, not a surveillance system.
Tracking a Friend
Tracking a friend’s location isn’t as straightforward legally as tracking your child, but it can be critical in emergencies. Say your friend is hiking alone or traveling to a new city. They might ask you to monitor their location, just in case. This is perfectly okay as long as they agree to it.
Use features like temporary location sharing for the duration of their trip. This way, you know they’re safe while also respecting their privacy. Most Apple devices and some Android devices so allow you to share your location with the person until they remove it, so this is something you can use permanently as well.
Taking Care of the Elderly
Using location tracking for elderly family members with medical conditions like dementia is considered legal, especially when you’re responsible for their care.
Older people with dementia may wander off and become lost. A tracking device can quickly locate them, reducing the risk of accidents or dangerous situations.
Many elderly individuals value their independence. Location tracking allows them to continue their daily routines without feeling overly monitored while you have the peace of mind of knowing you can locate them if needed.
In case of a medical emergency, knowing the exact location of your elderly relative can be life-saving. Quick response times are often crucial, and tracking devices facilitate this.
Tracking Different Vehicles on a Single Dashboard
Own a company that has various people traveling to different locations or transporting people? In these cases, it’s legal to track each vehicle in your fleet, which also allows you to track the driver. Most employers will have to fill out a consent form, so it’s completely legal to track vehicles and people for this reason.
A great example is how Uber handles tracking. You can track your Uber driver while they’re on their way to you and the driver is tracked the entire time you’re in the vehicle.
Repossession and Asset Tracking
Some states allow you to track your assets, sometimes with a GPS tracker. This comes in handy when someone defaults on a loan and you have to take the vehicle or property back from them. The best example of this is car repossession. If you default on the loan, the vehicle isn’t your property anymore, so you have the legal right to monitor that vehicle’s location in most situations. Still, check with your state’s law before proceeding.
Respecting Privacy in Location Tracking
Even if you’re using location tracking with the best intentions, it’s crucial to handle it responsibly. For example, you always want to have consent to track someone to avoid legal problems, especially in states where there are laws against tracking people.
Here, we’ll guide you through the essential aspects of respecting privacy while monitoring someone’s location.
Consent
Whether it’s your child, a friend, or an elderly relative, getting consent is crucial. It’s not just about the law; it’s about respecting their privacy and autonomy. Talk openly about why you want to track their location and how you’ll do it. Make sure they’re comfortable with it. Set clear boundaries on when and how you’ll track them. This kind of respect and honesty goes a long way in maintaining trust in your relationships.
Picking the Right Tools
Choosing the right tools for location tracking is about more than just finding the most user-friendly app. It’s about privacy. Look for apps and devices that offer strong privacy settings. They should let you control how often you get updates and who else can see the location information. Some apps also allow the person being tracked to check in or send an alert if they need help.
Keep the Conversation Going
People change, and so do their needs for privacy and independence. That’s why it’s important to keep talking about location tracking. Maybe your teenager needs less monitoring now, or your friend doesn’t require tracking anymore after their trip. Revisiting these discussions shows that you respect their evolving needs and privacy.
Final Thoughts on If It’s Illegal to Track Someone’s Location
In this article, we’ve looked closely at how location tracking can help in different situations, like keeping an eye on our kids, ensuring a friend is safe on a solo trip, or looking after an elderly relative with health issues. But as we’ve seen, it’s more complex than just turning on an app. Each state in the U.S. has its own rules about using GPS devices.
What’s important here is to remember that it’s crucial to respect everyone’s priority. It doesn’t matter if you’re tracking your child or a friend. Ensuring they’re okay with it is a big deal. Following the law, showing respect, and building trust are crucial.
