Penske Logistics Faces BIPA Lawsuit for Driver Monitoring Tech

A class-action lawsuit has been filed against Penske Logistics by former employee Jeremy Ratliff, claiming that the company violated the Illinois Biometric Information Privacy Act (BIPA) by collecting and using drivers’ biometric data without proper consent.

The lawsuit alleges that Penske implemented AI-powered cameras in its vehicles to monitor drivers’ performance, scanning facial geometry to track eye movements and identify behaviors labeled as “distracted driving,” such as looking away from the road.

According to the complaint, these cameras were linked to individual drivers, and any detected “unsafe driving events” prompted alerts to Penske, which would then notify the driver. Ratliff asserts that this biometric monitoring was mandatory for employment and that Penske failed to inform drivers or obtain written consent as required by BIPA.

He also alleges that the company shared the collected biometric data with third parties, including vendors and data storage providers, without authorization.

Illinois’ BIPA mandates that companies must inform individuals in writing about the collection of biometric data and obtain explicit consent. It also restricts the dissemination of such data to third parties without consent. Ratliff’s proposed class includes all Penske drivers in Illinois subjected to this monitoring system, estimated to be in the hundreds.

The lawsuit seeks $5,000 for each willful or reckless violation of BIPA and requests an injunction requiring Penske to comply with the law. Penske has not yet filed a formal response but has requested additional time and indicated interest in potentially settling the case outside of court. If the case proceeds, a judge will need to certify the class and approve Ratliff as the lead plaintiff.

This case bears a striking resemblance to one filed last month against Omnitracs, LLC, which provides fleet management technology like its Critical Event Video hardware for monitoring driver behavior. Omnitracs is accused of failing to inform drivers that its in-vehicle cameras collected scans of facial geometry, and of sharing this biometric data with a third party during its acquisition by Solera Holdings in 2021 without proper disclosure or written consent.

A recent amendment to BIPA limits the scope of violations by considering multiple collections of the same data as a single violation, potentially reducing financial risk for companies facing lawsuits. The amendment also permits electronic signatures as valid “written release,” adapting to digital practices.

For more on BIPA and other identity regulatory legislation, check out our recent conversation with Terry Brenner, IDVerse’s VP and Head of Legal and Compliance.

Source: MSN

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October 7, 2024 – by Tony Bitzionis