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| 1 minute read

Federal Judge Rules Popular Privacy Lawsuit Theory "Nonsensical"

The new -- and somewhat odd -- recent relevance of one of our oldest privacy laws, the Video Privacy Protection Act (VPPA), may soon come to an end. Congress passed the 1988 law in response to the Robert Bork Supreme Court confirmation hearings, which involved questioning about Judge Bork's viewing habits. The law itself expressly prohibits a video tape service provider "to knowingly disclose[], to any person, personally identifiable information concerning any consumer of such provider." Classically, the VPPA covered the tapes that a person rented. Since the 80's, however, the scope has expanded to DVDs, on-demand, and streaming viewing data. Recently, plaintiffs have started suing companies that operate standard commercial websites if they contain any video content. The defendant company could be selling mayonnaise, but if the website had a video tutorial on how to spread mayonnaise smoothly, the lawsuit still accused them of operating as a video tape service provider. While this theory seems like a stretch, it is new enough that little counter authority existed. No longer. As show by the quoted below, a federal judge has ruled that this theory does not adequately allege violations under the VPPA. Simply put, not every company providing videos is in the business of providing videos. Look for more judges to follow suit in the coming months. 

A Tennessee federal judge has tossed a proposed class action alleging Paramount Global illegally shared college sports newsletter subscribers' personal information with Facebook, ruling Tuesday that subscribing to a newsletter that may have video content doesn't invoke consumer protections under the Video Privacy Protection Act and that finding otherwise would be "nonsensical."

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privacy security & data innovations