"The VPPA defines personally identifiable information, or PII, as including information that 'identifies a person as having requested or obtained specific video materials or services from a video tape service provider.' This statutory definition lacks clarity and offers limited guidance to district courts."
"The US Court of Appeals for the First Circuit uses a reasonable foreseeability standard under which PII includes information 'reasonably and foreseeably likely' to disclose which videos the plaintiff has viewed."
"By contrast, the Second, Third, and Ninth Circuits have adopted the 'ordinary person' standard, which limits PII to 'the kind of information that would readily permit an ordinary person to identify a specific individual's video-watching behavior.'"
The Supreme Court is set to review the definition of 'consumer' under the Video Privacy Protection Act (VPPA), which may clarify whether a consumer is limited to those purchasing audiovisual goods. However, this decision is unlikely to resolve existing divisions among district courts regarding the standard for personally identifiable information (PII). Two main standards have emerged: the First Circuit's reasonable foreseeability standard and the ordinary person standard used by the Second, Third, and Ninth Circuits, leading to varied interpretations and confusion in VPPA claims.
#video-privacy-protection-act #supreme-court #personally-identifiable-information #circuit-split #data-privacy
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