Matter Background and Technical Dispute
The matter required analysis of records associated with the biometric registration system and the population reflected in those records. The case became the first BIPA class action to reach a jury trial.
Litigation and Enterprise Case Study
Biometric Privacy in Rogers v. BNSF Railway
Truck driver Richard Rogers brought a class action alleging that BNSF Railway violated the Illinois Biometric Information Privacy Act when fingerprint information was registered and used through identity verification systems at Illinois rail facilities.
- Matter type
- Biometrics & Privacy
- Evidence involved
- database and biometric system records
- Deliverables
- normalized records; data analysis findings for counsel
Forensic Engagement and Methodology
Global Digital Forensics was retained by plaintiffs’ counsel to serve as database, data analysis, and computer forensics experts in the matter.
GDF’s work included restoring and analyzing database records associated with the identity verification system, normalizing and deduplicating data, and reporting findings relevant to the biometric information stored by the system and the individuals reflected in those records.
GDF supplied the trial team with a reconstructed and normalized account of the biometric system data at issue.
Resolution and Courtroom Outcome
The jury found that BNSF recklessly or intentionally committed 45,600 BIPA violations, and the district court entered judgment for $228 million. The court later vacated the damages award and ordered a new trial limited to damages while leaving the liability finding in place.
The parties' settlement agreement provides for a $75 million fund, distinct from the earlier judgment.
Read the court's post trial decision and the settlement agreement. See the settlement information for its published status.
Related
Complementary Forensic and Security Services
Confidentiality
This case history draws on the public litigation record and a high level, client authorized description of GDF’s role. It distinguishes the jury’s $228 million judgment from the later $75 million settlement.
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Reviewed by Joseph Caruso, Founder, CEO and CTO, CISSP. Last reviewed .