Lawsuit Claims Samsara Collects Truck Drivers’ Biometric Info Without Proper Disclosures, Consent

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A proposed class action against Samsara, Inc. claims the company has used its facial recognition technology to capture commercial freight drivers’ biometric information without first providing statutory disclosures or obtaining their consent.

Are you an Illinois commercial truck driver with a Samsara AI Dash Cam? Let us know here.

The 32-page case alleges Samsara, who provides dashboard cameras with which clients can monitor commercial truck drivers, has run afoul of the Illinois Biometric Information Privacy Act (BIPA), a state law that governs the collection of residents’ biometric information—i.e., fingerprints, voiceprints, scans of facial and hand geometry, and iris and retina scans—by private companies.

The suit alleges Samsara has failed to not only provide required disclosures regarding its biometric data collection and retention practices but also obtain drivers’ written consent before collecting their biometric information. Per the case, Samsara’s alleged failure to comply with the strict biometric data collection requirements of the BIPA has exposed commercial drivers to “irreversible privacy risks.”

“If Defendant’s database of digitized facial geometry were to fall into the wrong hands, by data breach or otherwise, the individuals to whom these sensitive and immutable biometric identifiers belong could have their identities stolen, among other serious issues,” the complaint argues.

According to the lawsuit, Samsara’s business is the sale of AI Dash Cams to commercial freight companies to use as a driver monitoring system. The dash cams, the case explains, combine footage of a driver’s face with “advanced machine learning” to determine whether the individual is exhibiting signs of exhaustion or engaging in distracted driving, tailgating, rolling stops or harsh driving. The lawsuit alleges that Samsara’s dash cams not only monitor a driver’s actions but use facial recognition technology to collect their biometric information, in particular their facial geometry, and identify specific drivers.

Per the suit, a driver’s biometric data is sent to Samsara’s cloud-based software, where it is stored and can be accessed to perform facial recognition. The lawsuit alleges, however, that Samsara has violated the BIPA in “myriad ways,” including by failing to:

• Publish a publicly available retention schedule and guidelines for the permanent destruction of drivers’ biometric data;
• Inform drivers in writing that their biometric information will be collected and stored;
• Inform drivers in writing of the purpose and length of time for which their data will be collected, stored and used; and
• Obtain informed written consent from drivers for the collection of their biometric data.

The complaint further claims that Samsara has unlawfully profited from drivers’ biometric data by using their facial geometry scans for its business with customers.

The lawsuit looks to represent anyone who, while present in Illinois, had their biometric information or biometric identifiers, including their facial geometry, collected, captured, used, transmitted, disseminated, stored or otherwise obtained by Samsara.

Initially filed in Cook County, Illinois Circuit Court on December 16, 2021, the lawsuit was removed to the state’s Northern District Court on January 18, 2022.

Are you an Illinois commercial truck driver with a Samsara AI Dash Cam? Let us know here.