Heavy Duty Trucking Logo
MenuMENU
SearchSEARCH

Truck Drivers Must Be Informed of Biometric Scans in Illinois

Carriers in Illinois should supplement their existing driver policies with disclosures for collecting biometric information, including facial recognition scans via in-cab cameras.

January 5, 2022
Truck Drivers Must Be Informed of Biometric Scans in Illinois

Carriers in Illinois should supplement their existing driver policies with disclosures for collecting biometric information, including facial recognition scans via in-cab cameras.

File Photo: Lytx

3 min to read


Collecting biometric information from drivers without their permission could get motor carriers in trouble, at least in Illinois.

Ad Loading...

A recent Illinois appellate court ruling has the potential to increase liability under Illinois' Biometric Information Privacy Act, and that could lead to more class-action lawsuits against carriers operating in the state, warned the transportation attorneys at Scopelitis, Garvin, Light, Hanson & Feary in an email alert.

Ad Loading...

The BIPA law requires private entities that obtain biometric information (such as fingerprints, facial recognition scans, and voice recognition) to first inform the subject in writing that their information is being collected and stored, inform the subject of the specific purpose and term for collection and storage, and secure a written release from the subject.  

The court established that BIPA applies to every capture and use of a person’s fingerprint, hand scan and facial or voice recognition capture, not just when the company first obtains the information.

Biometric information is used to detect driver fatigue via in-cab cameras, to provide security locks on devices, to better manage a workforce, and other purposes. The use of these biometric scans is now commonplace across the transportation industry, according to the attorneys.

The ruling came after an Illinois truck driver filed a class action lawsuit against Maverick Transportation and Lytx, claiming the Drivecam dashcam illegally collects facial geometry data. The driver, Joshua Lewis, claimed the non-consensual data collection violates BIPA.

“Lewis seeks a declaration of Maverick Transportation LLC and Lytx Inc. in violation of BIPA, plus injunctive and other equitable relief, statutory damages of $5,000 for each violation of BIPA or $1,000 for each negligent violation, attorneys' fees and cost of suit,” the Madison-St. Clair Record, a local news outlet, reported.

Ad Loading...

Carriers with operations in Illinois need to take a close look at how they are using biometric data, including through facial recognition on in-cab cameras, said Brandon Wiseman, owner and president of Trucksafe Consulting, in an email response to HDT. “Ensure they supplement their existing driver policies with the required disclosures.”

“Absent a compliant BIPA policy, transportation companies using this technology could face thousands of dollars in damages for each scan,” wrote the Scopelitis attorneys.

Illinois is the only state that regulates the use and disclosure of biometric information whose statute includes a private right of action, according to the National Law Review. (A private right of action is when a private individual or entity, as opposed to the state, government or a public body, has the legal right to commence legal proceedings or file a lawsuit against another under the law.) Texas and Washington also have comprehensive laws governing biometric information. In other states, such as New York and Maryland, such legislation has failed to pass, according to the National Law Review.

More Fleet Management

Peter Voorhoeve, president, Volvo Trucks North America.
Fleet Managementby Jack RobertsApril 6, 2026

Volvo’s Quiet Confidence Turns into a Full-Throated Bet on the Future

After years of steady, methodical progress, Peter Voorhoeve says the OEM’s latest lineup isn’t just evolutionary. It’s delivering real, measurable gains for fleets right now.

Read More →
Beyond Trucks Rate Agent TMS.
Fleet Managementby Jack RobertsApril 2, 2026

BeyondTrucks Targets Rate Complexity with New AI RateAgents

BeyondTrucks says its new RateAgents can turn plain-language rate logic into working code, starting with fuel surcharges — a critical but notoriously complex piece of carrier revenue.

Read More →
Magnus Koeck, vice president of strategy, marketing, and brand management, Volvo Trucks North America
Fleet Managementby Jack RobertsApril 2, 2026

Volvo Sees Market ‘Tipping Point’ as New VNL Orders Surge

Soft freight conditions persist, but aging fleets, strong order intake, and new-product momentum signal a more optimistic second half of 2026, Volvo Trucks North America says.

Read More →
Ad Loading...
Illustration of a semi-trailer with a sports playbook diagram on chalkboard
Fleet Managementby Deborah LockridgeApril 1, 2026

Cargo Theft’s New Playbook: Strategic Fraud, Double Brokering, and Cybercrime Hit Trucking

Cargo theft is evolving from regional smash-and-grab operations to sophisticated fraud schemes. Strategic theft now accounts for roughly a third of cargo crime, with incidents rising sharply in recent years. Here’s how the schemes work — and what fleets can do to protect themselves.

Read More →
Collage of Top 20 Product award ceremonies
EquipmentMarch 31, 2026

HDT Honors the Best New Products of 2025 at TMC [Photos]

Heavy Duty Trucking's Top 20 Products awards recognize the best new products and technologies. Check out the award presentations at the 2026 Technology & Maintenance Council annual meeting.

Read More →
freightliner whitepaper
SponsoredMarch 31, 2026

Detroit Engines: Trusted Performance, Built for What's Next

The Detroit® Gen 6 engine platform proves that real progress doesn’t require a complete redesign. Built on 20 years of trusted technology, these engines are designed for efficiency, stronger performance, and greater reliability than before. And they do it all while complying with 2027 EPA standards on every mile.

Read More →
Ad Loading...
Q&A graphic with Erik Neandross headshot
Fleet Managementby Deborah LockridgeMarch 27, 2026

Q&A: What's Real in Advanced Truck Tech? ACT Expo's Erik Neandross Weighs In

The 2026 ACT Expo is focusing heavily on what organizer Erik Neandross calls trucking's digital frontier. This interview excerpt dives into artificial intelligence, zero-emission vehicles, and tips to make sense of it all.

Read More →
Illustration showing man at podium and "digital frontier: Hype or hit" text
Fleet ManagementMarch 26, 2026

Trucking's Digital Frontier: AI, Connected Vehicles, Alternative Fuels and More

There's an amazing amount of new technology for trucking out there. For fleets, the challenge is figuring out what’s real, what’s hype, and what’s worth investing in.

Read More →
Podcast thumbnail saying "Trucking's Digital Frontier"
Equipmentby Deborah LockridgeMarch 26, 2026

What's Real in Advanced Truck Technology? ACT Expo's Erik Neandross Weighs In

Artificial intelligence, the software-defined vehicle, telematics, autonomous trucks, electric trucks and alternative fuels, and more in this HDT Talks Trucking interview

Read More →
Ad Loading...
Illustration showing generic graphs and stylized trucking fleet
Fleet Managementby StaffMarch 24, 2026

ACT: Trucking Volumes Rise, Capacity Tightens as Fuel Prices Cloud Outlook

ACT Research data shows volumes hitting a four-year high and supply-demand balance strengthening, but higher oil prices are undercutting tariff relief and tempering optimism.

Read More →