Biometrics play a significant role in the transportation industry, from timeclock systems to safety applications that check whether drivers appear awake and focused. In 2008, Illinois passed the Biometric Information Privacy Act (BIPA), a statute that includes a private right of action and imposes potentially exorbitant liability if a company collects biometrics but fails to follow specific disclosure, consent, and other requirements. Hundreds of cases are filed each year, virtually all are proposed class actions, and many directly or indirectly relate to the transportation industry.
In an article titled, "Navigating the Roadblocks of Illinois' Biometric Information Privacy Act," authored by Jennifer Quinn-Barabanov, Zachary Schreiber, Onika K. Williams for ATLP's Journal of Transportation Law, Logistics, and Policy, they discuss BIPA, the significant risks it creates for uses of biometric technologies, and the compliance strategies for mitigating those risks.
The full article can be read in ATLP's Journal of Transportation Law, Logistics, and Policy Volume 90, Number 1 (membership required).
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