An eyeglass retailer must face a lawsuit alleging its “virtual try-on” software for nonprescription sunglasses violated an Illinois privacy law, a state appellate court ruled.
Gunnar Optiks LLC, based in California argued a health-care exclusion in the Illinois Biometric Information Privacy Act protected the company from being sued when it captured facial geometry scans of individuals virtually trying on nonprescription sunglasses without their consent. But on Friday the Illinois Appellate Court, First District ruled the exclusion didn’t apply because an individual virtually trying on nonprescription sunglasses isn’t a “patient” in a “health care setting,” requirements set by the law.
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