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Lytx DriveCam Scans Drivers’ Faces to Stop Distracted Driving Illinois Class Action

Lytx, Inc. offers companies facial recognition software and sensors that allow companies to monitor drivers for their commercial fleets and industrial operations. One of its customers is Gemini Motor Transport, LP (GMT), which has over a thousand trucks and which monitors its drivers with Lytx cameras and systems. The complaint for this class action brings suit against both of these companies, alleging they violate an Illinois law called the Biometric Information Privacy Act (BIPA), which sets requirements that private businesses must fulfill before collecting, storing, or using biometrics in Illinois.

Two classes have been defined for this action:

  • The Lytx Class is all individuals who, while in Illinois, had their biometric information or biometric identifiers, including face geometry, collected, captured, or otherwise obtained by Lytx.
  • The GMT Class is all individuals who, while in Illinois, had their biometric information or biometric identifiers, including face geometry, collected, captured, or otherwise obtained by GMT.

Lytx offers DriveCam, which uses cameras to observe drivers’ faces and “machine vision and artificial intelligence” (MVAI) to decide whether drivers are engaged in distracted driving.

MVAI is supposed to “identify distraction and risk, both inside and outside of the vehicle, including cell phone use, eating or drinking, smoking, seat belt use, [and] general inattentiveness…” If these things are detected, the drivers are then given voice alerts to correct the issue. This involves seeing and recognizing the drivers’ faces and interpreting and deciding whether they are engaging in distracted driving.

The complaint alleges, “Upon information and belief, the ‘DriveCam’ transmits its footage online and Lytx provides its customers like GMT with a log-in so that they can monitor the video footage.” Lytx also uses footage to educate its MVAI machine about what is and isn’t worth triggering an alert.

Biometrics are different from other forms of identifying information in that they cannot be canceled and replaced. For this reason, Illinois has laid some ground rules in BIPA for businesses that wish to collect, store, or use biometrics.

BIPA requires that, before collecting, storing, or using biometrics, businesses must do certain things:

  • They must inform the subject, in writing, that the biometrics are being collected or stored.
  • They must inform the subject, in writing, of the purpose and length of time for which the biometrics are being collected, stored, or used.
  • They must get a written release from the subject.

In addition, they must “develop a written policy, made available to the public, establishing a retention schedule and guidelines for permanently destroying” the biometrics taken, either when the initial purpose has been satisfied or within three years of the subject’s last interaction with the business.

The complaint alleges that the companies do not fulfill the requirements of BIPA before collecting drivers’ biometrics.

Article Type: Lawsuit
Topic: Privacy

Most Recent Case Event

Lytx DriveCam Scans Drivers’ Faces to Stop Distracted Driving Illinois Complaint

February 11, 2022

Lytx, Inc. offers companies facial recognition software and sensors that allow companies to monitor drivers for their commercial fleets and industrial operations. One of its customers is Gemini Motor Transport, LP (GMT), which has over a thousand trucks and which monitors its drivers with Lytx cameras and systems. The complaint for this class action brings suit against both of these companies, alleging they violate an Illinois law called the Biometric Information Privacy Act (BIPA), which sets requirements that private businesses must fulfill before collecting, storing, or using biometrics in Illinois.

Lytx DriveCam Scans Drivers’ Faces to Stop Distracted Driving Illinois Complaint

Case Event History

Lytx DriveCam Scans Drivers’ Faces to Stop Distracted Driving Illinois Complaint

February 11, 2022

Lytx, Inc. offers companies facial recognition software and sensors that allow companies to monitor drivers for their commercial fleets and industrial operations. One of its customers is Gemini Motor Transport, LP (GMT), which has over a thousand trucks and which monitors its drivers with Lytx cameras and systems. The complaint for this class action brings suit against both of these companies, alleging they violate an Illinois law called the Biometric Information Privacy Act (BIPA), which sets requirements that private businesses must fulfill before collecting, storing, or using biometrics in Illinois.

Lytx DriveCam Scans Drivers’ Faces to Stop Distracted Driving Illinois Complaint
Tags: BIPA, Taking/Storing/Using Biometric Data, Your Privacy