Omnitracs’ Driver-Monitoring Cameras Illegally Collect Facial Scans, BIPA Lawsuit Says
Perry v. Omnitracs, LLC
Filed: September 3, 2024 ◆§ 1:24-cv-07998
A class action alleges Omnitracs has illegally failed to disclose to Illinois citizens that its in-vehicle cameras collect facial geometry scans.
A proposed class action lawsuit alleges Omnitracs, LLC has illegally failed to disclose to Illinois citizens that its in-vehicle cameras designed to monitor driver behavior collect facial geometry scans, and that this data was allegedly given to a third-party company as part of a business acquisition.
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The nine-page privacy lawsuit accuses Omnitracs of violating the Illinois Biometric Information Privacy Act (BIPA) by failing to inform drivers in the state, in writing or otherwise, that its windshield-mounted camera, which uses AI, machine learning and computer vision to monitor a person’s driving, collects scans of their facial geometry.
Under the BIPA, a private entity in Illinois must inform a consumer that their sensitive biometric data, which includes scans of facial geometry, is being collected, stored and used. The entity must also collect written consent to capture sensitive biometric data and share in writing the purpose and length of time for which the facial geometry scans will be stored and used, the lawsuit states.
According to the complaint, defendant Omnitracs was bought by global data intelligence and tech leader Solera Holdings in mid-2021, with the acquisition ostensibly used to “assist Solera’s intelligent technology platforms.” To date, the filing says, Omnitracs has not disclosed to any of its camera users whether their sensitive biometric data was transferred to Solera, even though the BIPA prohibits the sale or transfer of such information without written consent.
Per the suit, Omnitracs provides telematics products, including routing and predictive analytics technology, to fleet operators. The company has over 15,000 customers, the suit says, and its Omnitracs Critical Event Video hardware is designed to identify “inattentive driving behavior,” such as that caused by driver fatigue, distraction or drowsiness, the filing says.
To accomplish this, the Critical Event Video hardware uses two cameras to provide complete visibility of a vehicle’s cab and details of the driver’s face, eyes and hands, the complaint relays. The suit says the defendant’s cameras also utilize SmartSense technology, which expands the capabilities of the AI and machine learning in the video hardware to “streamline dataflow” and “enhance[] ... risk detection.”
The Omnitrac lawsuit looks to cover all Illinois residents who had their facial geometry scanned, captured, collected or otherwise obtained by Omnitrac, LLC in Illinois.
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