Non-Prescription Eyewear Customers Not ‘Patients’ Under Ill. Privacy Act Exemption

CHICAGO — An Illinois appeals court ruled that under the state’s Biometric Information Privacy Act healthcare exemption, a person who tries on non-prescription sunglasses via a virtual try-on tool that captures biometric information is not considered “a patient in a healthcare setting.”

On Aug. 30, the Illinois Court of Appeals, 1st District, reasoned that because such individuals are not presently awaiting or receiving medical care, claims brought under the Act do not fall within the healthcare exemption.

In a class action complaint, Macaire Marino alleged that Gunnar Optics LLC, which sells eyeglasses online, violated the Act through the collection of …