CARSYNC DATA PROTECTION: Telematics Functions Transparency and not Employee Transparency

Datenschutz und GPS Telematik im Flottenmanagement: CARSYNC senkt Kosten, sichert Daten, Arbeitsplätze und die Zustimmung durch den Betriebsrat.VISPIRON

CARSYNC telematics technology can be applied in many ways to fleet management. When telematics data are generated in order to reduce vehicle costs and increase driver safety and productivity, safety and legal compliance have absolute priority. Our data protection concept and the CARSYNC telematics system have been developed on the basis of five principles:

Transparency - Self-determination - Data protection - Cost efficiency - Sustainability 

Which data are stored depends on the statutory requirements as well as how the customer would like to use the CARSYNC modules for their business purposes. As a principle, the CARSYNC telematics system only collects data if this is legal and absolutely necessary and when it serves to fulfil business objectives.

In order to ensure intelligent pool car booking,  electronic driving license check, as well as tax and legal certainty through our electronic driving log, the following data are generally collected, processed and stored in accordance with the Constitutional Law, and the Works Constitution and Data Protection Act:

  • Vehicle type and licence number
  • Business trips
  • Odometer (kilometres), battery charge and fuel tank status
  • Name of the driver

In order to provide an insight as to how we have won over a high number of managers and works councils, we briefly present the essential aspects of our data protection concept. The statutory requirements for the use of telematics in the company is explained below.

CARSYNC Secures Data, Works Council Approval and Employment

Datenschutz und GPS Telematik im Flottenmanagement: CARSYNC senkt Kosten, sichert Daten, Arbeitsplätze und die Zustimmung durch den Betriebsrat.

Dual control principle: When it comes to the use of personal data, the CARSYNC telematics system offers the possibility to install individual inspection gates. This ensures that employee data are processed only in compliance with statutory rules and regulations, such as the Works Constitution and Federal Data Protection Act (BDSG).

Data minimisation: The economical, anonymous or pseudonymised handling of data is formulated by law as a principle (see § 3 a BDSG). We have integrated the principle of data minimisation into our data protection concept and telematics system. In the development of our vehicle fleet software and  telematics technology, care has been taken to ensure that personal data are only collected and processed, according to statutory provisions, if this required and if serves the success of the company. For example, it is important to ensure legal and tax certainty when using our electronic driving log.

Protection of personal privacy: Prior to driving, the employee can simply make a selection between personal and business travel. Personal and business travel are thus clearly separated from each other. Business trips which must be validated for offsetting tax can quickly and easily be combined into a single business trip using the CARSYNC fleet management system. Interruptions in the trip do not give any information on the reasons for the break or the stay.

Access log: If a person entitled to access, such as the managing director or the fleet manager, accesses data, this is logged by our web-based telematics system. This makes it possible, as required by law, to ensure transparency and monitoring by external persons, for example through the personnel department or works council. This ensures transparency and protection against data misuse. In addition, it is not possible to manipulate driving log entries, which is a prerequisite for recognition by the tax office.

Obligation of Confidentiality:
All employees involved in the maintenance, support and development of our fleet management system have signed a declaration of confidentiality. This means that an obligation of confidentiality and special data protection guidelines are in place with respect to processing of personal and vehicle data. This therefore enables us, as a service provider and producer, to fulfil an important legal duty.
 
Data storage: For storing and securing your data, we have a binding agreement with one of the world's leading CLOUD service providers: GLOBAL ACCESS. The data centre is located in Germany. The VISPIRON servers are also stationed there and protected from data misuse by the highest security standards.

Data transmission:
The telematics box (onboard computer) is the heart of the CARSYNC web-based fleet management system. The modular design allows a wide range of telematics functions to meet your needs, thus reducing your vehicle costs and increasing driver safety. For example, GPS information is used to quickly and accurately communicate job and route changes. All GPS vehicle data are transferred to the VISPIRON server using the latest GPRS technology. SSL-VPN encryption technology is used for data transmission to the WEB portal. Vehicles are therefore protected against unauthorised access.

These and other measures provide the highest level of security and protection for your company and telematics data. For questions, special requests or a quotation, please do not hesitate to contact our  fleet management experts. The first consultation is free and without obligation.

CARSYNC telematics technology reduces costs and CO2 emissions, creates employee acceptance and transparency and ensures tax and legal certainty!

With CARSYNC's fleet management system, you are way ahead of your competitors and save money!

What is the Legal Basis for Telematics in the Company?

Our concept of data protection has already won over many national and international clients from a variety of industries. So why hesitate? Use CARSYNC telematics technology in your company and permanently cut down on vehicle costs while securing sales and jobs. With our GPS system, various business processes in vehicle fleet management can be automated and optimised. Despite the great economic and environmental advantages for employees and employers, offered by our GPS and web-based telematics system, many companies and employees are still sceptical about using telematics.
 
According to the 2016 fleet barometer, only 22 percent of companies in Germany use telematics technologies to optimise mobility, reduce fleet costs and secure jobs. It is often feared that the driver will be fully monitored using a GPS fleet telematics system. This concern is justified and must be taken seriously, however it can be resolved with our data protection concept and modular CARSYNC telematics system.

It is not the case that the use of telematics systems in the company is fundamentally banned. Therefore, we would like to set out for you the most important statutory regulations to be observed when using telematics for corporate purposes and to demonstrate that telematics can be used in the company. Central to this, is the respect of personal privacy and co-determination as well as data protection.

The Legal Situation: Respect of Self-Determination and Personal Privacy of Employees

Wahrung der Selbstbestimmung und Privatsphäre von Mitarbeitern. CARSYNC-Telematik-Technologie senkt Kosten und CO2-Emmissionen

Complete position monitoring, as theoretically possible via a GPS telematics system, is not legally permitted and in practical terms not at all necessary. In principle, each person has the right to freely determine his/her data according to Constitutional law (see Article 2 in conjunction with Article 1). However, in order to use a GPS telematics system to optimise the management of travel routes, order delivery and deadlines, it is required that a company vehicle is assigned to a specific driver for business purposes.

Through this necessary assignment, telematics data (vehicle and vehicle location) are automatically converted into personal data. However, unless a legal provision or a law explicitly permits this, the affected employee can determine the use of these data. This is derived from § 4 paragraph (1) of the Federal Data Protection Act (BDSG):
 
“The collection, processing and use of personal data shall only be permitted insofar as this law or any other legal provision permits or orders this or the person concerned has given his consent.”

How such an agreement has to be made is described in § 4 a BDSG. The decisive factor here is that the person concerned has consented in writing and voluntarily. However, the purpose is also decisive, since the company is pursuing the use of telematics. The use of telematics is not just about reducing costs, but also about the safety of the driver and the maintenance of employment. These positive effects also play a decisive role in the use of a telematics system in the company. With regard to § 4 paragraph 1 BDSG the question arises: Is there a law or a legal regulation that makes the automated use of personal data (see § 3 BDSG) or telematics data legitimate?

Legal Requirements for the Use of Telematics in the Company

The safety of the driver and safeguarding of the interests of the company are important, as the employer, the company and the employees benefit from it. Section 4 paragraph 2 BDSG shows that, under certain conditions, telematics data (automated data referenced to persons, such as traffic data) may be used to fulfil business purposes:

“Personal data must be collected from the person affected (data subject). Without his co-operation, they may be collected only if

1.  A legal requirement provides for it or makes it compulsory or
2.  a) the administrative task to be carried out due to its nature or business purpose makes collection by
        
other persons or bodies necessary or

     b) collection would require a disproportionate effort on the part of the person concerned

and there is no reason to believe that the interests of the person concerned are undermined.”

This paragraph indicates that automated data collection is permitted for necessary business purposes if the legitimate interests of the data subject are not impaired. The latter must be observed - which we have ensured with our data protection concept. It should also be pointed out again, that an assignment is legitimate if there is a corresponding legal provision - this is given in: § 32 BDSG in conjunction with § 87 the Works Constitution Act (BetrVG)

Important:
If the use of automated telematics functions in the company has been arranged clearly and mutually, by means of an factory agreement, working agreement or collective agreement, there is generally no longer any obstacle to application. If such a clear regulation or individual agreement does not exist, the use of telematics can be made legitimate by the necessary business purpose: For example, if the employer or the employee is obliged to keep a continuous logbook, due to the business and personal use of the company car, in order to validate trips for the purpose of reducing tax. Ultimately, however, it depends on the specific business purpose and the need and necessity of the individual case.

Legal Permission to Use Telematic Data for Employment Purposes

§ 32 paragraph 1, sentence 1 of BDSG permits personal data collection, processing and use to realise justified company interests:

"(1) Personal data relating to an employee may be collected, processed or used for the purposes of the employment relationship,  if this is necessary for a decision concerning the basis of an employment relationship or on the basis of the employment relationship for the purpose of carrying out or terminating it.”

With respect to telematics data, § 32 paragraphs 2 and 3 of the BDSG are also relevant:

“(2) Paragraph 1 shall also apply where personal data are collected, processed or used without being processed automatically or processed into, or from, a non-automated file, or collected for processing or use in such a file.

(3) The rights of participation of representative bodies shall remain unaffected.”

In addition, according to § 10 BDSG, it is permissible to set up an automated procedure, which allows the transfer of personal data by call-off. However, this shall only apply if the interests of those concerned are protected and the tasks or business purposes of the bodies involved so require it. It is also important to ensure that the retrieval procedure can be monitored.
 
Insofar as it concerns monitoring and legitimate interests of the person concerned, the representative bodies of the employees are called upon, as is also apparent from § 87 para. 3 of the Works Constitution Act (BetrVG). We have integrated all these important duties and criteria into the CARSYNC data protection concept and accordingly designed the telematics system.

GPS Positioning: Co-Determination Right of the Works Council

GPS Ortung, Betriebe ohne Betriebsrat, mit Betriebsrat, rechtskonformer und einvernehmlicher Einsatz von Telematik mit CARSYNC

Employee representatives, such as the works council, have a right of co-determination when it comes to using telematics systems, which enable, for example, GPS vehicle positioning. The crucial factor is whether the use of telematics data conflicts with the employee's legitimate interests. Employees may not be fully monitored by GPS – this is strictly prohibited. In principle, however, in accordance with § 87 paragraph 1 No. 6 of the BetrVG:

“In so far as a statutory or collective agreement does not exist, the works council has to vote in the following matters:
6. Introduction and application of technical equipment intended to monitor the conduct or performance of workers;”

This point also relates to telematics systems that use GPS functions to derive telematics data for the safety of drivers and to optimise fleet management, for example, in the form of digitised management of routes, delivery orders and deadlines, as well as electronic driving license inspection.

General tasks of the Works Council: Co-determination and employee protection

Two contexts are possible for the introduction of a telematics system in the company:

1. Operations without a works council: The individual employee must assess whether the specific use of GPS fleet telematics is illegitimate or necessary to fulfil certain business purposes. If the use of telematics is necessary (see § 32 BDSG, for example), and if there are no legitimate interests opposing it, the use is legitimate.

2. Operations with a works council: The nature of the use of telematics data depends not only on the voluntary consent of the employee, it also must occur in coordination with the representative body of the employees.

Important: Telematics also serves to secure employment and protect the employees. This is also one of the general tasks of the works council, as is particularly clear from § 80 paragraph 1 Nos. 1 and 8.
 
Tip: In order to ensure that the use of a telematics system is not referred to an arbitration authority for a decision (see § 87 BetrVG para. 2), we recommend you define the purpose of use in accordance with the business purpose and consult with the employee or works council in advance. Our data protection concept and our modular telematics system provides you with an optimum basis to ensure legal security and protection of personal privacy. Our experts will be pleased to assist you in finding a consensual solution.

With CARSYNC, a legal and consensual use of telematics in fleet management and the approval of the works council can be ensured. The modularity ensures a high degree of flexibility so that you can define the telematics functions according to your area of business. We will be pleased to assist you in winning over your works council and employees, as well as securing employment and data.

Despite careful research, we cannot give an absolute guarantee that the information is up-to-date, correct and complete.

Fleet management

Theodor Hermann +49 89 45 24 50 258 Notfall- / Emergency-Hotline (24/7) 0900 1 992299 (0,99 € / min.)