Redd v. Amazon.com, Inc., et al.

Overview

(U.S. District Court for Northern Illinois, June 4, 2024) The U.S. District Court for Northern Illinois granted summary judgment to defendant Amazon for alleged violations of the Biometric Information Protection Act (BIPA) because the contested actions are covered countermeasures protected by  the Public Readiness and Emergency Response Act (PREP). Following the federal declaration of a public health emergency due to COVID-19, Amazon used thermal cameras in high-traffic warehouses to screen the temperatures of employees for the purpose of reducing the spread of COVID-19. Amazon employee Redd alleged that Amazon used the thermal sensors to check her temperature without her knowledge or consent. Redd also alleged that Amazon collected additional biometric data, such as facial geometry scans, and shared this data with device and software vendors and other third parties. Although there was no dispute that Amazon’s temperature monitoring was a covered countermeasure under PREP, Redd argued that Amazon’s failure to obtain consent had separately violated BIPA. The Court limited its analysis to the plain language of the PREP Act, which provides immunity for all federal and state claims against losses caused by or arising from the use of countermeasures covered by the PREP Act. The Court determined that Redd’s claims had arisen from the protected use and administration of thermal cameras, and granted Amazon summary judgment. Read the full opinion here.

View all cases in the Judicial Trends in Public Health – August 15, 2024.

View all cases under “Public Health Emergency: Legal Preparedness and Response.”