Putting a GPS Tracker on a Co-Worker’s Car is Not a Good Idea

There are many ways to track people these days; e.g., smartphones, air pods, GPS trackers, and IP address locations, to name a few. The ease of using these tracking devices does not mean it is legal or ethical to do so without the person’s knowledge. A recent Defense Office of Hearing and Appeals case involved an applicant who was denied clearance eligibility by the Department of War due to personal conduct, mental health, and handling protected information concerns. Here are the highlights of the appeal.

The applicant was diagnosed as having a personality disorder in 2023 due in part because of his tendencies to use questionable tactics in dealing with relationships and co-workers whom he finds uncomfortable when they question his opinions. He was involved in several incidents in the workplace in which he provided varying accounts that differed from what other sources stated during the course of the background investigation. When asked about placing a GPS tracker on a co-worker’s car, he at first denied it, but then alluded that he did it because he had become aware of some anomalies with the co-worker’s immigration status and involvement in human trafficking, both of which were false.

At his appeal hearing the applicant admitted to trying to obtain classified information about GPS tracking from his co-workers. He denied other allegations such as using a false ID to have a co-worker intimidate his business partner, and that he did not intentionally withhold information on his security clearance application about several incidents he was involved in resulting in arrests and investigations. Although the judge in this case determined that the psychological and handling protected information concerns were mitigated, the applicant’s continued questionable judgement and lack of candor were not mitigated – clearance eligibility denied.