BNSF Says Biometric Privacy Ruling Risks Its Security Plan

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By Celeste Bott (April 28, 2022, 7:58 PM EDT) — BNSF Railway has urged an Illinois federal judge to allow the Seventh Circuit to address the legal question of whether a company can be held vicariously liable under Illinois’ biometric privacy law for when an external security contractor collects biometric information, saying a recent ruling puts its nationwide security plan at risk.

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

The judge held in March…

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