This article explores how personally identifiable information has been defined in leading Video Privacy Protection Act actions and looks at how concerns over the potential sensitivity of geolocation information may alter how courts handle PII. Companies must pay close attention to exactly what information they transmit to third parties—especially when that information relates to a consumer's precise geolocation, the authors write.
Although litigation under the Video Privacy Protection Act (VPPA) has exploded in recent years, plaintiff's attorneys have had limited success on the merits, typically because courts have shown restraint in applying the law to modern online streaming technologies. Moreover, courts have generally taken a narrow view with respect to what constitutes personally identifiable information (PII) under the statute.
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Originally published in Bloomberg BNA's Privacy and Security Law Report, July 2016
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