In a significant ruling, Illinois’ First District Court of Appeals has determined that the use of a virtual try-on tool for nonprescription sunglasses, which captures biometric information, does not fall under the purview of Illinois’ Biometric Information Privacy Act (BIPA) when it is not within a health care setting. As per the court’s decision, articulated by Justice Mary L. Mikva, the term “health care setting” is narrowly defined despite the expansive use of telehealth. For an individual to be considered a patient, they must be awaiting or receiving medical care, with biometric data collected as part of efforts to maintain, restore, or promote well-being.
The ruling was issued in the case Marino v. Gunnar Optiks following a certified question as an interlocutory appeal from the Cook County Circuit Court on August 30. The plaintiff, Macaire Marino, had filed a class action complaint against Gunnar Optiks, a company specializing in eyewear and optical products sold online. For more detailed information, visit the [original article](https://www.law.com/2024/09/11/state-appellate-court-finds-virtual-glasses-try-on-does-not-violate-biometric-privacy-act/) on the Law.com website.