A New Subaru Lawsuit Says Forester DriverFocus Violates Your Privacy
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."
Subaru'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.
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.
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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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