Short answer: Yes. But their use is highly restricted. The use of GPS tracking by private individuals, including Private Investigators, is subject to legal restrictions to protect individuals’ privacy.
Here are some key considerations regarding GPS tracking in Canada:
Consent
In many cases, obtaining consent from the owner of the vehicle being tracked is a legal requirement. Without explicit permission, using GPS tracking devices may be considered an invasion of privacy.
Loophole: if a couple co-own a car, one owner can consent to tracking, and this is the very law that allows Private Investigators to obtain information through GPS devices for their client’s particularly in infidelity cases.
Criminal Code
Section 184 of the Criminal Code of Canada addresses the interception of private communications, and it may have implications for the use of GPS tracking devices. It stipulates:
“Unauthorized interception of private communications, including location data, could lead to legal consequences.”
Privacy Legislation
The Personal Information Protection and Electronic Documents Act (PIPEDA) is a federal law that governs the collection, use, and disclosure of personal information. PIPEDA outlines principles for the protection of privacy, and its application can affect the legality of GPS tracking.
Provincial Regulations
Each province and territory may have its own regulations concerning GPS tracking and surveillance. It’s essential to be aware of and comply with these local laws.
Context Matters
The legality of GPS tracking may also depend on the specific context in which it is used. For example, tracking employees’ vehicles for work-related purposes may have different legal considerations compared to tracking someone’s vehicle for personal reasons.
Licensed Investigators
Licensed Private Investigators may have more leeway in using GPS tracking for investigative purposes, but they are still bound by legal and ethical guidelines.
Given the evolving nature of privacy laws and technology, it’s advisable to consult with legal professionals or regulatory authorities to obtain the most up-to-date and accurate information regarding GPS tracking laws in Canada. And, give us a call for a free 20-minute consultation.
