BNSF Must Face Trucker’s Illinois Biometric Privacy Act Suit

BNSF Railway Co. can’t sidestep the Illinois’ Biometric Information Privacy Act by arguing it’s preempted by federal law, a federal court in Illinois said.

BNSF requires truck drivers to scan their fingerprints when entering its rail yards to verify their identity. Truck driver Richard Rogers alleged that BNSF collects and stores the drivers’ biometric information in violation of the BIPA.

BNSF argued Rogers’s suit was preempted by the Interstate Commerce Commission Termination Act, the Federal Aviation Administration Authorization Act, and the Federal Railroad Safety Act.

Rogers’ suit isn’t preempted by the ICCTA because it has nothing to do with regulating ...