Netradyne Hit with Privacy Class Action Over In-Vehicle Driver Facial Scans

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Netradyne faces a proposed class action that alleges the video analytics and software company has run afoul of an Illinois privacy law by collecting certain drivers’ biometric information. 

The 19-page suit says Netradyne, whose multi-camera in-vehicle Driveri technology is used by transportation companies to monitor equipment, road conditions and personnel, has violated the Illinois Biometric Information Privacy Act (BIPA) by collecting scans of drivers’ faces without first making certain disclosures or obtaining consent to do so. The complaint argues that Netradyne’s facial scanning and data storage practices expose drivers’ sensitive personal information to privacy risks. 

According to the lawsuit, San Diego-based Netradyne has failed to develop a publicly available retention schedule or guidelines for the destruction of the data it collects, much less inform drivers monitored by its system that their facial scans would be stored and used. Moreover, the case claims Netradyne failed to inform drivers of the purpose and length of time for which their biometric information would be stored or used, and did not obtain a written release from drivers whose facial scans were captured by its technology. 

The case, filed by a Bob’s Discount Furniture truck driver, explains that Netradyne contracts with transportation companies to integrate its services into their vehicles for monitoring purposes. Per the case, Netradyne’s Driveri product can simultaneously monitor a vehicle’s external conditions and its driver, and is touted as a safety tool. Driveri’s multi-camera hardware is mounted on the windshield or dashboard of a vehicle and built to capture and assess video with artificial intelligence, the suit says. 

To monitor a driver, Driveri will scan the individual’s facial geometry and analyze it to detect specific types of behavior, such as distracted or drowsy driving, the lawsuit continues. This data is then uploaded to and stored within Netradyne’s servers, per the suit. The case states that Netradyne’s patent filings detail that its technology can capture the points on a person’s face and map them to understand where the driver is looking and assess whether the individual is among a list of those authorized to drive the vehicle. 

According to the lawsuit, Netradyne’s facial scanning practices do not jibe with the BIPA given the company has not informed drivers that their biometric data would be captured, stored and used. 

“The only information received by Plaintiff (and, on information and belief, the putative class members) was a notice from their employer that cameras would be installed in their vehicles and that the purpose of installing the cameras was to reduce costs of litigation from traffic accidents,” the complaint says. “Neither Plaintiff nor any of the putative class members received any information or notice that Netradyne was collecting their biometrics through the cameras installed in their vehicles.” 

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