A recent putative class action case against luxury brand Christian Dior sheds light on the health care exemption in the Illinois Biometric Privacy Act (BIPA). In Delma Warmack-Stillwell v. Christian Dior Inc., the plaintiff alleged Dior’s virtual try-on feature for sunglasses violated BIPA’s requirements to (1) provide notice and obtain informed consent before collecting an individual’s biometric data; (2) have a written retention and deletion policy for biometric data; and (3) not sell, lease, trade, or otherwise profit from an individual’s biometric data. [1] The Northern District of Illinois dismissed the case, finding that the feature fell within BIPA’s health care exemption. [2]
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[1] Warmack v. Christian Dior, Inc., No. 1:22-cv-04633, Dkt. No. 29 at 3 (Feb. 10, 2023).
[2] Id. at 12.