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United States District Court for the Northern District of Illinois, Eastern Division
March 15, 2022, Decided; March 15, 2022, Filed
Case No. 19 C 3083
MEMORANDUM OPINION AND ORDER
MATTHEW F. KENNELLY, District Judge:
Richard Rogers has sued BNSF Railway Company on behalf of a putative class for violations of the Illinois Biometric Information Privacy Act (BIPA). Rogers alleges that he is a truck driver who visits BNSF railyards. At some BNSF facilities, he is required to scan a biometric identifier into identity verification devices to gain entrance. According to Rogers, BNSF collects and stores this information without receiving driver consent and without informing drivers of its data retention policies, both of which are required under BIPA.
BNSF has moved for summary judgment on Rogers's claims. The Court denies BNSF's motion for the reasons stated below.
BIPA requires a private entity that possesses biometric identifiers [*2] or information to develop and make available to the public a written policy establishing a retention schedule and guidelines for permanently destroying the information when the initial purpose for collecting it has been satisfied or within three years of a person's last interaction with the entity, whichever is sooner. 740 ILCS 14/15(a). In addition, BIPA prohibits a private entity from collecting or obtaining a person's biometric identifier or information unless it first informs the person or her legally authorized representative in writing that the information is being collected or stored, as well as the purpose and length of term of the collection, storage, and use, and receives a written release executed by the person or her legally authorized representative. Id. § 15(b)(1)-(3). BIPA provides a right of action to a person aggrieved by a violation of the statute and permits a prevailing party to recover actual damages or liquidated damages of $1,000 for a negligent violation or $5,000 for an intentional or reckless violation. Id. § 20.
B. BNSF facility access
Full case includes Shepard's, Headnotes, Legal Analytics from Lex Machina, and more.
2022 U.S. Dist. LEXIS 45578 *; 2022 WL 787955
RICHARD ROGERS, individually and on behalf of similarly situated individuals, Plaintiff, vs. BNSF RAILWAY COMPANY, Defendant.
Prior History: Rogers v. BNSF Ry. Co., 2019 U.S. Dist. LEXIS 188961, 2019 WL 5635180 (N.D. Ill., Oct. 31, 2019)
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