Eyewear Privacy Dispute Raises Loper Bright Question at Argument

A Seventh Circuit panel Tuesday considered whether a virtual glasses try-on feature falls under a federal health care exemption to Illinois’ expansive biometric privacy law, but one judge suggested neither side understood a landmark US Supreme Court decision.

“It’s self-explanatory” that prescription glasses would fall under the Health Insurance Portability and Accountability Act, said Richard Miller of Miller Law Firm PC, representing Gunnar Optiks LLP, who also said the company’s non-prescription blue light-blocking eyewear served a health care function.

Judge Frank Easterbrook took exception to Miller’s assertion about HIPAA, saying he finds “absolutely nothing about that statute to be self-explanatory.” ...