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A New Subaru Lawsuit Says Forester DriverFocus Violates Your Privacy

A lawsuit filed against Subaru claims new DriverFocus technology in 2022 Forester, 2022 Outback, and 2022 Legacy violates your privacy by illegally collecting biometric data. Check out the full report here.

Is Subaru illegally collecting biometric data from owners of the 2022 Forester, Outback, and Legacy? Subaru uses new technology in its DriverFocus monitoring system to track the driver's face and eyes designed to prevent distracted driving. In Illinois, a new lawsuit filed against Subaru of America alleges the automaker illegally collects biometric data with its DriverFocus technology in 2019-2022 Subaru Forester, 2020-2022 Subaru Outback, and 2020-2022 Subaru Legacy models.

Renee Giron, represented by attorneys Cafferty Clobes Meriwether and Sprengel, filed Subaru's Driver Focus lawsuit. Giron claims her 2020 Subaru Outback with DriverFocus, illegally "captured, collected, obtained, used, and stored biometric scans of her face, eyes, and facial geometry without her consent. Giron says she "has suffered, and continues to suffer an injury-in-fact based on Subaru's violation of her legal rights."

2022 Subaru Forester, 2022 Subaru OutbackSubaru's DriverFocus monitoring system lawsuit was filed for all former and current Illinois owners of Forester, Outback, and Legacy vehicles equipped with driver monitoring technology.

Driver Focus comes standard on 2019-2022 Subaru Forester Touring, 2020-2022 Subaru Outback Limited, Touring, Touring XT and Limited XT, and 2020-2022 Subaru Legacy Limited, Limited XT, and Touring XT models. The technology was recently named best safety innovation by the Automobile Journalists Association of Canada.

2022 Subaru Forester, 2022 Subaru Outback

Subaru designed DriveFocus to help drivers who may be distracted. The system uses facial recognition technology to determine if a driver is tired or distracted. It's similar technology used on the iPhone X and is the first of its kind in the Forester compact SUV, Outback midsize SUV, and Legacy sedan. The technology can recognize up to five drivers, and it will also remember each person's pre-set seating, climate, and infotainment preferences.

Subaru says the "DriverFocus Distraction Mitigation System uses a dedicated near-infrared camera and facial recognition technology to identify signs of driver fatigue or distraction and provides audio and visual warnings to alert the driver and passengers."

According to the class-action lawsuit filed last week, Subaru violates the Illinois Biometric Information Privacy Act (BIPA) by collecting data on drivers. Renee Giron says, "Subaru intentionally interfered with her ability and right to possess and control her own sensitive and immutable biometrics."

The Subaru DriverFocus class-action lawsuit alleges the automaker continues to collect biometric identifiers and biometric information from Illinois owners of 2019-2022 Subaru Forester, 2020-2022 Subaru Outback, and 2020-2022 Subaru Legacy vehicles without written releases.

You Might Also Like: The New Subaru Forester DriverFocus Explained; Is It Too Intrusive?

Denis Flierl has invested over 30 years in the automotive industry in a consulting role working with every major car brand. He is an accredited member of the Rocky Mountain Automotive Press. Check out Subaru Report where he covers all of the Japanese automaker's models. More stories can be found on the Torque News Subaru page. Follow Denis on Facebook, Twitter, and Instagram.

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Photo credit: Subaru USA


Lee Ann Creston (not verified)    December 7, 2021 - 2:29PM

I bought a 2005 Subaru Outback/Legacy, $8000 cash no financing. Four months later, it stopped in the middle of the road. Was told by the towing company it had no oil and 'would never be driven again", put several quarts of oil in it, and had it towed to the dealership.They said I needed a new engine, retained $7000 of my money and offered a $500.00 refund.

The Mechanic said they knew about the problem before they sold it to me. It's all over the internet, and he has tried to service several Subarus with the same problem.

I am seeking legal advice, as for now I have no savings and no means of transportation.

Can someone help me get on the right path to hold them responsible?

[email protected]

Dave Osborn (not verified)    December 8, 2021 - 8:04AM

Sounds like someone out to capitalize on Americans propensity to sue for anything and everything to get money they don’t deserve and haven’t earned. To somewhat paraphrase Harry Truman, this is just a pile of hot horse manure.

Don (not verified)    January 1, 2023 - 9:01PM

As a new ascent owner which has the same type of feature … the driver *must enroll*, the driver can turn this function off, and there is no mention of the system sending data to subaru.