On November 29, 2017, the Ninth Circuit ruled that although a sports app user claiming the sports network disclosed his private information to an analytics company had standing to sue, a lower court was right to dismiss his suit because the information was not personally identifiable under the Video Privacy Protection Act. The Ninth Circuit affirmed a Washington federal judge's application of the "ordinary person" standard, which determined that "personally identifiable information" refers to information an ordinary person could use to pinpoint a specific individual's video watching behavior.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.