BNSF loses appeal bid in biometric privacy decision

By Celeste Bott (June 21, 2022, 8:34 p.m. EDT) — An Illinois federal judge on Tuesday refused to certify an interlocutory appeal of his ruling denying summary judgment to BNSF Railway Co. in an alleged class action lawsuit alleging he violated Illinois’ biometric privacy law, saying the railroad mischaracterized its decision and waited too long to seek an appeal review.

In summary judgment, the BNSF argued that lead plaintiff Richard Rogers should have brought a lawsuit under Illinois’ biometric information privacy law against a third-party vendor collecting the biometric information. in place. But U.S. District Judge Matthew Kennelly ruled in March that it appeared the railroad had finally decided if and how biometric information was collected…

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