BNSF says decision on biometric privacy jeopardizes its security plan

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By Celeste Bott (April 28, 2022, 7:58 p.m. EDT) – BNSF Railway has urged an Illinois federal judge to allow the Seventh Circuit to answer the legal question of whether a company can be held vicariously liable under Illinois’ biometric privacy law when an external security contractor collects biometric information, saying a recent ruling jeopardizes its national security plan.

BNSF is seeking to appeal U.S. District Judge Matthew Kennelly’s denial of his motion for summary judgment in a proposed class action lawsuit brought by lead plaintiff Richard Rogers, in which he argued Rogers should have sued a third-party vendor collecting the biometric information in place.

The judge ruled in March…

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