Splintered Video Privacy Rulings Won’t Be Fixed by Supreme Court

The Bottom Line

• A Supreme Court case involving the Video Privacy Protection Act likely won’t resolve increasingly fractured VPPA rulings among circuits.
• District courts are divided on what standard to use to evaluate “personally identifiable information.”
• The outcome of litigation can hinge on choices about venue selection and data architecture.

The US Supreme Court’s decision to review the definition of a “consumer” under the Video Privacy Protection Act is expected to resolve a circuit split about whether a consumer is limited to a person who purchases or subscribes to audio visual goods or services, as opposed to any type of ...