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In 2010, Michael Cunningham did a lot of things. He went to work daily, stopped by the grocery store on the way home, and even took a trip to Massachusetts with his family during the month of July. How do we know that Cunningham did all of these things? The New York Department of Labor was watching Cunningham’s every move via GPS.

Suspecting that Cunningham – an employee of the NY Department of Labor for 30 years – was using work hours to perform non-work tasks, the Department of Labor installed a GPS tracking device inside of Cunningham’s car. Shortly thereafter, Cunningham was fired after the Department of Labor heads discovered that he did, indeed, use work hours to run errands and complete other tasks.

We’re reported on cases like this one before, but Cunningham’s situation is unique. Employers who place a GPS tracking device inside of a vehicle used by an employee usually have the right to do so – if the vehicle is not privately owned. However, Cunningham’s vehicle was purchased and paid for by Cunningham. In short, the Department of Labor had no ownership rights to the vehicle in any manner.

So, why did an assistant solicitor general at a NY appeals court (the ACLU took up Cunningham’s case) state that the actions the Department of Labor took were justified? Perhaps it has something to do with the placement of the GPS tracker. You see, the tracker was placed on Cunningham’s car while the car was parked on state property.

If you’re thinking “loophole,” you’re absolutely right. As it stands, Cunningham is still without a job, the ACLU is fighting the NY Department of Labor on his behalf, and America is watching this case wondering: “does my employer have the right to track me if my car is parked on state property?”

The terms pertaining to legal and illegal GPS tracking are still muddled, but it seems, for now, that parking your car on someone else’s property makes you a fair tracking target.

Article Written by Harriette Halepis