— A Hyundai data sharing lawsuit has been dismissed after an Illinois vehicle owner sued over the Forward Attention Warning system.
Plaintiff Kathleen deGrasse filed the Illinois data sharing class action lawsuit alleging Hyundai collected, used, stored, and disclosed deGrasse's and other owners' biometric data without obtaining their consent, in violation of the Illinois Biometric Information Privacy Act.
The plaintiff says she purchased a new Hyundai Santa Fe in July 2024 which is equipped with a Forward Attention Warning system used to monitor a driver's eye position. The system warns the driver if it detects a lack of attention by displaying a visual warning on the car's center display screen.
The plaintiff says she discovered the infrared camera after she blocked the camera's line of sight with her arm. The car displayed a warning saying the system was not operating because the camera was blocked. When deGrasse attempted to turn off the feature, she claims cruise control was also disabled.
According to the class action, the Forward Attention Warning information is stored on the onboard computer and "can be retrieved by a Hyundai dealer, law enforcement personnel, and others through a physical datalink to the computer."
She also contends the information could be transmitted through the vehicle's BlueLink system, but Hyundai says her vehicle is not equipped with that feature.
The Illinois Biometric Information Privacy Act
Numerous lawsuits have been filed only in Illinois based on alleged violations of BIPA, which says:
No private entity may collect, capture, purchase, receive through trade, or otherwise obtain a person's or a customer's biometric identifier or biometric information, unless it first:
(1) informs the subject or the subject's legally authorized representative in writing that a biometric identifier or biometric information is being collected or stored;
(2) informs the subject or the subject's legally authorized representative in writing of the specific purpose and length of term for which a biometric identifier or biometric information is being collected, stored, and used; and
(3) receives a written release executed by the subject of the biometric identifier or biometric information or the subject's legally authorized representative.
According to the Hyundai data sharing lawsuit, the automaker violated the BIPA because it collected biometric identifiers from deGrasse and other Illinois vehicle owners without obtaining their informed written consent.
Hyundai Data Sharing Lawsuit Dismissed
Hyundai filed a motion to dismiss the class action arguing deGrasse has inadequately alleged that it "captured, collected, or otherwise obtained" her biometric data as required to assert a claim under the Illinois Biometric Information Privacy Act.
Hyundai also argues deGrasse has not alleged the Forward Attention Warning system collects any information that amounts to a "biometric identifier" or "biometric information" under the BIPA.
Judge Matthew F. Kennelly agreed with Hyundai and ruled the allegations in the lawsuit "do not give rise to a plausible contention that Hyundai actually 'collects,' 'captures,' or 'otherwise obtains' biometric identifier or biometric information" from the Forward Attention Warning system.
And while the data sharing lawsuit cites the privacy policy, the judge found the policy says nothing about data collected from the Forward Attention Warning system.
"Indeed, the complaint, even read liberally, does not plausibly allege that Hyundai has ever actually obtained the information that deGrasse contends amounts to biometric identifiers or information. And it is relatively obvious that an entity cannot disseminate something it has not even obtained. deGrasse does not even allege that Hyundai has access to FAWS data, let alone that it has undertaken any effort to collect, capture, or obtain it." — Judge Kennelly
The Hyundai data sharing lawsuit was filed in the U.S. District Court for the Northern District of Illinois (Eastern Division): Kathleen M. deGrasse v. Hyundai Motor America.
The plaintiff is represented by Edelman, Combs, Latturner & Goodwin.