Data Privacy Considerations for Motor Carriers

The Growing Privacy Landscape

Motor carriers collect and process significant volumes of personal and operational data. Driver personal information, ELD records, telematics data, GPS location tracking, dashcam footage, drug and alcohol testing records, and customer shipping information all carry privacy obligations. As state privacy laws expand and federal regulations evolve, carriers must develop comprehensive data privacy programs that protect both their drivers and their business relationships while maintaining compliance with safety regulations.

Driver Personal Information

Carriers maintain extensive personal data on their drivers, including Social Security numbers, dates of birth, medical certificate information, drug and alcohol testing results, and driving records. This information is collected as part of the driver qualification process mandated by 49 CFR Part 391. Carriers must protect this data from unauthorized access, use, and disclosure. Driver qualification files should be stored securely with access limited to authorized personnel. When drivers leave the company, their files must be retained for the regulatory retention period but should not be accessible beyond that requirement.

ELD and HOS Data Privacy

Electronic Logging Device data includes detailed records of a driver's location, duty status, and driving patterns throughout each day. Under 49 CFR 395.8, this data must be retained for six months and made available to FMCSA and law enforcement upon request. However, ELD data should not be shared with unauthorized parties or used for purposes beyond HOS compliance without the driver's knowledge. Clear policies should define who within the organization can access ELD data, for what purposes, and how the data is protected from unauthorized access or breaches.

Telematics and Location Data

GPS tracking and telematics systems generate continuous location data that reveals driver movements throughout the workday and, for drivers with sleeper berth operations, during off-duty time as well. Several states have enacted laws requiring employee notification before implementing GPS tracking. Even where not legally required, transparency about tracking practices builds trust with drivers. Define clear boundaries for when location tracking is active, who can access the data, and how it will be used. Some carriers disable tracking during off-duty periods or limit data access to dispatchers with a legitimate operational need.

Dashcam and Video Data

Forward-facing and driver-facing cameras generate video data that raises privacy concerns. Drivers may object to continuous monitoring, particularly from driver-facing cameras. Establish clear policies on when cameras record (continuously versus event-triggered), how long video is retained, who can review footage, and under what circumstances footage will be used. Some states require employee consent for workplace video monitoring. Balancing the safety benefits of dashcam programs with driver privacy expectations requires thoughtful policy development and transparent communication.

Drug and Alcohol Testing Records

Drug and alcohol testing records are among the most sensitive data carriers handle. Under 49 CFR Part 40, strict confidentiality requirements govern the handling of testing results. Positive test results, refusals, and return-to-duty information must be maintained in separate confidential files with restricted access. The FMCSA Drug and Alcohol Clearinghouse has created a centralized reporting system, but carriers must still maintain internal records securely. Unauthorized disclosure of testing records can result in legal liability and regulatory sanctions.

Customer and Shipment Data

Carriers handle customer data including business names, contact information, shipment details, and potentially the nature and value of cargo. For carriers transporting sensitive goods, shipment data may require additional security measures. Customer contracts may include specific data handling requirements. Carriers should implement data handling policies that address customer information alongside operational data. Review your carrier's data practices as part of your overall compliance program using TruckCodes research tools.

Building a Privacy Program

A practical privacy program for motor carriers starts with an inventory of all personal data collected and processed. Map data flows from collection through storage, use, sharing, and eventual deletion. Develop written privacy policies that are communicated to drivers, employees, and customers. Implement technical safeguards including access controls, encryption for sensitive data, and secure disposal procedures. Train staff on privacy obligations and incident response procedures. Designate a privacy point of contact responsible for managing privacy inquiries and potential data breaches. As regulatory requirements evolve, carriers that build privacy into their operations proactively will be better positioned than those that react to enforcement or incidents. Cross-reference your compliance posture with your carrier profile data on TruckCodes.