Penske Used In-Vehicle AI Cameras to Illegally Collect Illinois Workers’ Biometric Data, Class Action Claims

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A proposed class action lawsuit claims Penske Logistics has unlawfully collected, used and disseminated to third parties the facial scans of Illinois employees who have driven a vehicle equipped with a biometric-enabled camera.

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The 12-page lawsuit alleges that the transportation logistics company has violated the Illinois Biometric Information Privacy Act (BIPA) by recording, using and sharing drivers’ facial geometry data without first providing notice or obtaining consent to do so.

The plaintiff, a former Penske truck driver residing in Illinois, says the company captured his biometric data through a camera powered by artificial intelligence (AI) that was installed in his work vehicle to monitor his performance while driving.

For example, the man claims the camera in his vehicle tracked his eye movements and reported back to his employer any instances of distracted driving. According to the privacy suit, the camera also scanned his facial geometry to determine if he was eating or drinking.

“Whenever [Penske’s] AI powered cameras would detect what they determined were [sic] an ‘unsafe’ event, they would transmit an alert to [the company’s] office in Naperville, IL and [the plaintiff] would then receive a call from [Penske] informing him that he had an unsafe driving event,” the case shares.

Penske’s cameras also apparently disseminated drivers’ biometric information to third-party vendors for storage, the complaint adds.

The filing alleges that the company, in violation of the BIPA, failed to inform the plaintiff and other employees that their biometric data was being collected, used and shared, and how long or for what purpose the information would be stored. Per the suit, Penske also breached the BIPA by neglecting to publish written guidelines outlining its data retention and storage policies and by disseminating workers’ information to third parties without authorization.

The Penske BIPA lawsuit looks to represent anyone employed as a driver for the defendant in Illinois during the applicable statute of limitations period who was subject to the company’s camera monitoring system.

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