Recent developments have brought the Video Privacy Protection Act (VPPA), a 1988 statute, back into the limelight. This year has witnessed a major surge in cases related to violations of the VPPA, 18 U.S.C. § 2710. This increase has been noted amidst the growing digital environment, which poses new challenges and questions regarding the protection and misuse of personal video viewership information.
For some historical context, the VPPA was passed in reaction to an episode involving then-Supreme Court nominee Robert Bork. Washington City Paper had published a list of films that Bork had rented from a video store, causing a uproar around concerns of privacy breach. The VPPA was then coined with the aim to prevent such recurrences and protect citizens’ video rental information from public eyes.
The recent spike in VPPA-related cases indicates a renewed relevance of the old statute in the current digital landscape. The crux of these disputes typically revolves around whether companies are unlawfully disclosing consumers’ personal information and video viewing habits without their explicit consent.
A multitude of factors might be contributing to the resurgence of the VPPA. One could speculate that it is due to the increased quantity and quality of personal data now available through digital platforms, making such information more valuable and, thus, leading to potential abuses and violations. Equally, the evolving understanding of privacy rights in a digital age could be contributing to the increased referencing of statutes like the VPPA.
Going forward, it would be beneficial for legal professionals, particularly those involved with digital content providers, to be prepared for potential scrutiny under VPPA. A proactive update and reinforcing of privacy policy measures may prove crucial in mitigating potential legal disputes.
For more details on this issue, please refer to this detailed discussion at JDSupra, courtesy of Proskauer – Minding Your Business.