Mobile Mini Collects Truck Drivers’ Facial Scans Without Consent, Class Action Claims

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A proposed class action out of Illinois alleges that, in violation of a state biometric privacy law, Mobile Mini collects its truck drivers’ facial geometries through driver-facing cameras without consent.

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The 20-page case says the defendant, which manufactures, sells and transports portable storage units, has since 2015 installed in nearly all its vehicles Lytx DriveCams that monitor truck drivers in real time in order to reduce accident-related costs.

According to the complaint, the DriveCam “scans a driver’s face geometry, identifying a host of unique points around multiple regions of the driver’s face (i.e. each eye, the mouth, the nose, the lips, etc.).” Then, using machine vision and artificial intelligence technology, the camera is able to identify unsafe driving behavior and provide drivers with “in-cab alerts to help them self-correct in the moment,” the lawsuit relays.

The plaintiffs, six Mobile Mini truck drivers, claim the company has run afoul of the Illinois Biometric Information Privacy Act (BIPA) by collecting scans of their facial geometries without first obtaining their written consent.

Mobile Mini also failed to inform employees in writing of the specific purpose and length of time for which their biometric information was being collected, stored and used, the case contends. The complaint further alleges that the defendant ignored its statutory duty to create a “written, publicly available” retention schedule outlining how and when drivers’ biometric data will be destroyed.

Per the filing, the Illinois Legislature enacted the BIPA in 2008 to address security concerns surrounding private companies’ collection of residents’ unique biometric information, which, unlike Social Security numbers, cannot be changed once compromised.

“The act of scanning drivers’ face geometry and storing those biometrics in a Lytx device, facility, or server, exposes drivers’ sensitive personal data to privacy risks,” the suit stresses. “For example, if a Lytx device, facility, or server becomes compromised through a data security breach, sensitive personal information based on the scans of these drivers’ face geometry could be used to steal their identities or to track them.”

The lawsuit looks to represent current or former Mobile Mini employees who, within the past five years, had their biometric identifiers, including facial scans, collected, captured or otherwise obtained by the company.

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