In a groundbreaking ruling last week, a federal judge overturned a $228m damages award against BNSF Railway and ordered a new trial where a jury will decide whether the company should pay damages and the amount of any penalty under Illinois’ Biometric Information Privacy Act (BIPA).

The case, which is the first under BIPA to go before a jury, has been closely watched. BNSF Railway, which operates one of the largest freight rail networks in the US, was found to have violated BIPA by scanning and collecting the fingerprints of its truck drivers without their permission.