A person using a virtual try-on tool for nonprescription sunglasses that captures biometric information is not considered a patient in a health care setting under Illinois’ Biometric Information Privacy Act, a state appeals court held recently.

Illinois’ First District Court of Appeals answered a certified question as an interlocutory appeal in Marino v. Gunnar Optiks from the Cook County Circuit Court on Aug. 30. The plaintiff, Macaire Marino, filed a class action complaint against Gunnar Optiks, a company that sells eyeglasses and other optical products online.