Driver Safety Tech Targeted in Latest BIPA Lawsuit

A proposed class action lawsuit has been filed against Omnitracs, LLC, alleging that the company has violated Illinois’ Biometric Information Privacy Act (BIPA).

Omnitracs is a provider of telematics and fleet management technologies, including its Critical Event Video hardware, which monitors driver behavior to detect risks like fatigue or distraction. The lawsuit seeks to represent Illinois residents whose biometric data was scanned or collected by Omnitracs, aiming to hold the company accountable for its alleged failure to comply with BIPA regulations.

The lawsuit claims that Omnitracs failed to inform drivers that its in-vehicle cameras, which monitor driver behavior using AI, machine learning, and computer vision, collect scans of facial geometry. The lawsuit further alleges that this sensitive biometric data was shared with a third-party company as part of Omnitracs’ acquisition by Solera Holdings in 2021, without proper disclosure or written consent from the drivers involved.

Under BIPA, companies in Illinois are required to inform individuals in writing if their biometric data, including facial scans, is being collected, stored, or shared, and must obtain written consent before capturing such data. The lawsuit claims Omnitracs did not comply with these requirements and failed to disclose whether the facial geometry data collected from drivers was transferred to Solera following the acquisition.

In August, Illinois enacted a significant amendment to BIPA, aimed at limiting the scope of potential violations and damages. The key change is that multiple collections or disclosures of the same biometric data from the same person using the same method are now considered a single violation, rather than separate violations. This effectively caps the recoveries an aggrieved party can claim, potentially reducing the financial risk for companies facing BIPA lawsuits.

The amendment also clarifies that “written release” under BIPA can include electronic signatures, adapting the law to modern digital practices. This change overturns a 2023 Illinois Supreme Court decision that had interpreted each scan or transmission of biometric data as a separate violation.

While the amendment maintains protections for individuals’ biometric privacy, it is expected to significantly impact ongoing and future BIPA litigation by limiting the potential damages companies may face.

Source: ClassAction.org

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September 6, 2024 – by the FindBiometrics Editorial Team