Do not illegally install GPS trackers

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????On June 28, 2014, Wang installed a gps tracker in the truck because he found a man surnamed Xiao driving a truck with the name of a company printed on it. The chassis of the truck under the company's name and used by a man surnamed Chen secretly recorded the whereabouts of the truck and other information. Seven days later, when Wang retrieved the GPS tracker, Chen Nan noticed it and filed a police report.

????Prosecutors believe that it is not illegal for Wang to install a GPS based on the need for handling the case, so he will not be prosecuted, and the reconsideration will also be rejected.

????Wang argued that he installed it for the purpose of detecting smuggled cigarettes, and it did not interfere with secret criminal intent, nor did he infringe on the privacy of the other party when he obtained information. Due to the limited manpower of his unit, he had to use GPS tracker instead of manpower to follow the prison, in order to detect crimes. If there are legitimate reasons, it should not constitute the crime of obstructing secrecy.

????However, the Kaohsiung District Court held that the crime of obstructing secrecy under the criminal law protects the people's physical right to be free from physical and mental harm, as well as freedom of movement, freedom from intrusion in the private areas of life, and the autonomy of personal data. Freedom and personal data autonomy are even more constitutionally guaranteed rights.

????The judge believed that the vehicle's road behavior and driving or passenger activities should usually be considered as "non-public activities" that did not want to disclose his personal whereabouts, which was a "non-public activity" that obstructed the norm of the crime of secret. , and sentenced to 2 years of probation.

????The prosecution refused to appeal, and the Kaohsiung High Branch believed that Wang??s civil servant status should be aggravated, and he was sentenced to 50 days of detention, a fine, and a 2-year probation.

????The collegial panel of the second instance pointed out that the defendant handled the case in many ways, such as monitoring, following prisoners, etc. The installation of GPS trackers has violated the constitutional protection of the people's right to privacy, and the argument is unacceptable.

????Remind everyone: No matter whether it is an individual or an enterprise, it is not allowed to install a GPS tracker on other people's cars without permission, especially those who want to obtain the whereabouts of others through GPS, so as to achieve ulterior motives. This is illegal and criminal behavior. The gps tracker is only suitable for your own or enterprise fleet management, and you must abide by the law seriously.

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