News & Analysis as of

Data Collection VPPA

Constangy, Brooks, Smith & Prophete, LLP

Data collection on corporate websites is a litigation risk

Businesses continue to be subjected to a steady stream of consumer class action lawsuits alleging improper collection or disclosure of information from their websites. A variety of laws and legal claims are used to support...more

BakerHostetler

The ‘New-Look’ Song-Beverly Credit Card Act: Web-Tracker Edition

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The California Song-Beverly Credit Card Act (the “Act”) – an act intended to protect the personal privacy of individuals during credit card transactions – may very well become the new trend in California privacy litigation. ...more

Proskauer - Minding Your Business

The Return of the Video Privacy Protection Act (VPPA)

This year has seen a tremendous spike in the number of cases alleging violations of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710, a statute enacted in 1988 in response to the Washington City Paper’s publication...more

Davis Wright Tremaine LLP

Federal Court Dismisses Newsletter Subscriber’s VPPA Claim: Not a "Consumer"

Although a digital subscriber to an online newsletter may have standing to sue under the Video Privacy Protection Act ("VPPA"), 18 U.S.C. § 2710(b)(1), if the newsletter subscription contains no audio-visual content, that...more

Holland & Knight LLP

Washington State Imposes Far-Reaching Privacy Obligations for Consumer Health Data

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The Washington My Health My Data Act (the MHMD Act) was signed into law on April 27, 2023, creating new restrictions on the collection and disclosure of "consumer health data" by companies in Washington or that is related to...more

Eversheds Sutherland (US) LLP

A blockbuster privacy law? VPPA’s scope remains unclear

Enacted in in 1988 after Judge Robert Bork’s video rental history was leaked by a store clerk and published in a newspaper profile about the Supreme Court nominee, the Video Privacy Protection Act (VPPA) was the result of...more

Lathrop GPM

2022 Legal Guide to Privacy and Data Security

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Facial recognition technology, drones the size of a butterfly, secure microchips replacing magnetic stripes on credit cards, sensors the size of a grain of sand swallowed by patients that transmit data directly to the...more

BCLP

The Ninth Circuit Addresses Article III Standing And The Illinois Biometric Information Privacy Act

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On August 8, 2019, the United States Court of Appeals for the Ninth Circuit again weighed in on Article III standing.  Unlike its previous ventures into standing, however, it did so this time in the context of the Illinois...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - October 2018

In this month's edition of our Privacy & Cybersecurity Update, we examine the European Data Protection Board's published opinions on data protection impact assessments, an Ohio court's ruling that bitcoin is covered insured...more

Proskauer - New Media & Technology

California Court Declines to Dismiss Illinois Facial Recognition/Biometric Privacy Suit against Facebook on Standing Grounds

This past week, a California district court again declined Facebook’s motion to dismiss an ongoing litigation involving claims under the Illinois Biometric Information Privacy Act, 740 Ill. Comp Stat. 14/1 (“BIPA”),...more

Proskauer - Minding Your Business

Making VHS Relevant Again: The Uncertain Scope of Personal Information Protected by the Video Privacy Protection Act of 1988

The Ninth Circuit recently became the third federal appellate court to tackle what constitutes “personally identifiable information” protected by the Video Privacy Protection Act of 1988 (“VPPA”). Last year, the First Circuit...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit: ESPN Prevails VPPA Dispute

In the latest attempt to apply the Video Privacy Protection Act (VPPA) to 21st-century technology, the U.S. Court of Appeals, Ninth Circuit affirmed dismissal of Chad Eichenberger’s lawsuit against ESPN Inc....more

Proskauer - New Media & Technology

Ninth Circuit Rejects VPPA Claims of Roku Channel User, Declining to Adopt Broad Definition of PII

In a decision that clarified aspects of the video privacy landscape, the Ninth Circuit affirmed the dismissal of an action alleging a violation of the Video Privacy Protection Act (VPPA) based on an assertion that ESPN’s...more

Fenwick & West LLP

Ninth Circuit Makes it Easier to Sue for Video Privacy Protection Act Violations But Harder to Win

Fenwick & West LLP on

The U.S. Court of Appeals for the Ninth Circuit held in Eichenberger v. ESPN that allegations that the Video Privacy Protection Act was violated are sufficient to establish Article III standing, but that the definition of...more

Manatt, Phelps & Phillips, LLP

Ninth Circuit Examines VPPA Standing

After concluding that the plaintiff in Robins v. Spokeo has Article III standing to pursue his case, the U.S. Court of Appeals, Ninth Circuit may be considering a similar issue in the context of the Video Privacy Protection...more

Fenwick & West LLP

Litigation Alert: Eleventh Circuit Expands Standing to Bring Video Privacy Protection Act Actions But Also Limits Their Scope

Fenwick & West LLP on

Last week, the U.S. Court of Appeals for the Eleventh Circuit held that allegations that personally identifiable information was disclosed without consent in violation of the Video Privacy Protection Act were sufficient to...more

Fenwick & West LLP

Fenwick Privacy Bulletin - Fall 2016

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Privacy Shield – An Early Reflection - EU law generally prohibits the transfer of personal data from the European Economic Area to the U.S., unless the transfer is made in accordance with an authorized data transfer...more

King & Spalding

Gannett Cannot Escape Privacy Suit Over USAToday App

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On Friday September 2, the United States District Court for the District of Massachusetts ruled against Gannett Company, Inc. (“Gannett”) in a case where Gannett allegedly violated the Video Privacy Protection Act (“VPPA”) by...more

Proskauer - New Media & Technology

Mobile App VPPA Suit Survives Spokeo Standing Challenge

In Yershov v. Gannett Satellite Information Network, Inc., a user of the free USA Today app alleged that each time he viewed a video clip, the app transmitted his mobile Android ID, GPS coordinates and identification of the...more

King & Spalding

Meteoric Rise Of Pokémon Go Spurs Privacy Concerns

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2.7 Million Dollar HIPAA Settlement –  Last week, Oregon Health & Science University (“OHSU”) agreed to pay $2.7 million to resolve potential violations of the Health Insurance Portability and Accountability Act of 1996...more

Nossaman LLP

First Circuit Decision Creates Ambiguity in Consumer VPPA Class Actions

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The vast majority of courts confronted with “free app” cases under the Video Privacy Protection Act (“VPPA”) have dismissed those claims.  A recent First Circuit decision, however, signals a change in that trend.  ...more

Nossaman LLP

Consumer VPPA Class Action Against CNN Dismissed

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The Northern District of Georgia recently granted CNN’s motion to dismiss a consumer class action that alleged CNN committed a violation of the Video Privacy Protection Act (“VPPA”), 18 U.S.C. § 2710. Perry v. Cable News...more

Davis Wright Tremaine LLP

“And That’s the End!” 11th Circuit Ends VPPA Action in Ellis, But Leaves the Question of What is PII Unresolved

Digital content and media providers got some good news from the U.S. Court of Appeals for the Eleventh Circuit in October when the court held that plaintiffs must be “subscribers” and not just users of a provider’s service to...more

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