Smart working: instant geolocation at clock-in is not unlawful

Monitoring of employees
Remote monitoring in smart working: instant geolocation at clocking-in is not prohibited
Tribunal of Cosenza

An employee working remotely (lavoro agile, smart working) had challenged the data processing carried out by the employer through an application which recorded her geographic position at the moment of clocking in and during spot checks preceded by a phone call. The Italian Data Protection Authority (Garante) had found the system unlawful and imposed a fine of EUR 50,000.
The Tribunal set aside the injunction order. It found that the application did not carry out continuous or indiscriminate monitoring but a detection limited to the clocking-in moment, comparable to an attendance recording tool, albeit with a geolocation function. The monitoring, carried out for organisational and production needs, had been regulated through trade union agreements and preceded by information considered adequate for employees.
According to the Judge, remote working does not exclude the parties agreeing the locations and time bands within which the work is to be carried out. Instant geolocation, within the specific limits established, therefore does not amount to invasive or disproportionate monitoring, and the data collected is relevant to verifying attendance.