Subaru DriverFocus lawsuit says biometric data was collected

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Subaru Driver Monitoring System lawsuit says Illinois biometric privacy law is violated.

– Subaru DriverFocus lawsuit alleges automaker illegally collects biometric data as driver monitoring system tracks driver’s face and eyes to ensure driver is alert and focused on the road.

The Subaru Driver Monitoring System lawsuit has been filed for all past and current Illinois owners of those vehicles equipped with DriverFocus distraction mitigation systems.

  • 2019-2022 Subaru Forester Touring

  • 2020-2022 Subaru Outback Limited, Touring, Touring XT and Limited XT

  • 2020-2022 Subaru Legacy Limited, Limited XT and Touring XT

According to the class action, DriverFocus is standard on Subaru Outback Touring, Touring XT, Limited XT, Forester Touring, Legacy Limited XT and Touring XT vehicles, and is an option available on Outback Limited and Legacy Limited vehicles.

According to Subaru, the “DriverFocus Distraction Mitigation System uses a dedicated near infrared camera and facial recognition technology to identify signs of driver fatigue or distraction and provides audio and visual warnings to alert the driver and passengers.”

The Subaru DriverFocus lawsuit alleges that Subaru scans, captures and tracks biometric identifiers and / or biometric information on each driver, including scanning the eyes and geometry of the driver’s face. The plaintiff who sued alleges that the system is based on facial recognition technology patented by Subaru.

The Subaru DriverFocus lawsuit also alleges that when a driver starts the vehicle, the monitoring system automatically scans the driver’s face to detect the driver’s biometric data and calculate a “unique digital map of the driver’s face based on various facial attributes. of the driver “.

Subaru DriverFocus Pursuit: Illinois BIPA

According to the DriverFocus class action lawsuit, Subaru is breaking the Illinois Biometric Information Privacy Act (BIPA) by collecting data on drivers.

Illinois plaintiff Renee Giron said she purchased a 2020 Subaru Outback equipped with the DriverFocus driver monitoring system. But she says that every time she started her vehicle, Subaru collected and stored her unique biometric IDs or biometric information without her consent.

This would have violated the Illinois Biometric Information Privacy Act (BIPA).

“The plaintiff has suffered and continues to suffer factual prejudice based on Subaru’s violations of its legal rights. Subaru intentionally interfered with the plaintiff’s ability and right to possess and control its own sensitive and immutable biometric data. Subaru had no legal right to collect, capture, use or store their biometric data without their consent. ” – Subaru Driver Monitoring System Continuation

The Subaru DriverFocus class action lawsuit alleges that the automaker continues to collect biometric identifiers and biometric information from owners of Subaru vehicles in Illinois without written permission.

The Subaru DriverFocus class action lawsuit has been filed in Cook County Circuit Court, Chicago Illinois: Renee Giron, vs. Subaru of America, Inc.

The plaintiff is represented by Cafferty Clobes Meriwether & Sprengel.


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