In response to an inquiry about the application of D.M. n. 269/2010, Italy’s National Labor Inspectorate (INL) commented on the obligatory use of geolocation systems by surveillance institutes. The inquiry specifically asked the INL if the installment of geolocation systems, given to security guards to guarantee an adequate radio communication system that allows a real direct communication between the operating center and the operational staff, forms an indispensable technical requirement for companies in the related sector, in accordance with the mentioned law.
If this were the case, the geolocation systems could be considered work tools used by the worker to perform their work, thereby excluding the procedure outlined in Article 4, Paragraph 1 of Law n. 300/1970 (Workers’ Statute).
The petitioning company had outlined in its technical report to the INL that GPS meets organizational and productive needs, and ensures worker safety. According to the report, GPS systems provide timely responses in cases of alarm and emergency, and ensure the utmost worker safety during interventions. Moreover, a guard can immediately activate the satellite navigation system upon receiving an alarm or conducting an inspection, allowing the guard to promptly reach the interested site.
In its response, INL stated that D.M. n. 269/2010 is regarded as a law of lower rank than Law n. 300/1970. Additionally, geolocation is only provided in certain areas (3, 4, and 5) and the law also sets up an alternate procedure.
Therefore, considering the foregoing arguments and a reference to INL circular n. 2572/2023 (although it concerns a different issue), INL has determined that the installation of GPS systems cannot be considered as a necessary tool for work performance. Hence, the procedure indicated by the aforementioned Article 4, Paragraph 1: namely, union agreement or authorization, should be followed.
