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Mobile Device Tracking: What’s Legal and What’s Not

Jul 21, 2025
Mobile Device Tracking: What’s Legal and What’s Not

Understanding the Legal Boundaries of Mobile Device Tracking

Mobile device tracking isn’t just a tech feature—it’s a legal minefield. Whether you're a parent trying to protect a teenager, a business owner tracking fleet vehicles, or a suspicious partner installing a hidden app, the legality varies dramatically depending on consent and context.

With mobile device tracking increasingly embedded in daily life, understanding what’s legal and what’s not can prevent serious legal trouble. Many cases turn on one key factor: did the tracked person give informed consent?

2.1 Personal Tracking With Consent

If you own a phone and use built-in GPS or third-party apps to track it, that’s clearly legal. You have a right to track your own devices, and this extends to family members or employees who have given consent.

2.2 Employer Monitoring With Notification

U.S. law allows employers to track company-owned devices used by employees—provided employees are informed. For example, a logistics company may legally install tracking software on drivers' phones or tablets for fleet coordination.

2.3 Parental Control Over Minors

Parents have legal grounds to track minor children’s devices, especially when used for protection or supervision. However, once a child reaches adulthood—even if still living at home—tracking without consent may be legally questionable.

3. Where Tracking Becomes Illegal

3.1 Secret GPS Placement

Placing a GPS tracker on someone else’s vehicle or phone without their knowledge and consent can violate federal and state stalking laws. Courts have routinely ruled that surreptitious tracking is an invasion of privacy.

3.2 Spyware and Stalkerware

Apps that secretly record location, messages, or calls—especially without a user’s consent—can be considered wiretapping or computer intrusion under federal law. In 2022, the FTC issued cease-and-desist letters to multiple stalkerware providers.

3.3 Tracking in Domestic Disputes

Using tracking tools during or after a breakup to follow a partner's movements without consent has led to restraining orders and even criminal charges. Courts consistently find this kind of behavior to be unlawful.

4. Case Study: The Employee GPS Lawsuit

In a widely publicized 2015 case, a California employee sued her employer after being fired for disabling a GPS app on her company phone. She alleged the app tracked her 24/7—even after work hours. Though the suit was eventually settled, it raised important questions about workplace surveillance and digital boundaries.

This case shows how important it is for employers to define clear policies and obtain consent when implementing mobile device tracking.

5. Parental Rights vs. Child Privacy

The question of how far parents can go with tracking has become a hot topic, especially with older teens. While it’s legal for parents to install GPS apps on a 16-year-old’s phone, doing so in secret may breach ethical lines and damage trust—even if it’s not illegal.

Balancing supervision with privacy is key. Open communication with your child about tracking apps often leads to better results than covert installation.

With laws differing by state and context, legal gray areas abound. What’s legal in one jurisdiction may be criminal in another. For instance, tracking a spouse in North Carolina without permission could lead to a civil suit, while the same act in Florida might bring criminal charges.

If you're unsure whether your mobile tracking intentions or experience are legally sound, working with legal professionals like ESPLawyers can help you navigate the complexities of consent, privacy, and digital rights. Don’t assume—confirm. It could be the difference between protecting your interests and facing prosecution.