Video Privacy Protection Act (VPPA)

Question 1

Who does it apply to?

Answer 1

Video Tape Service Providers- Any person, engaged in business… or rental, sale, or delivery of prerecorded video cassette tapes or similar audiovisual materials.

Consumer- Any renter, purchaser, or subscriber of goods or services from a VTSP.

Question 2

To what activities does it apply?

Answer 2

Knowing disclosure of PII (defined as information that identified a person and their video materials).

Question 3

What does it obligate parties to do?

Answer 3

You cannot disclose PII without consent.

Question 4

Are there any exceptions?

Answer 4

If VTSP gets consent “in a form distinct and separate from any form setting forth other legal or financial obligations of the consumer” and consent is given at the time of disclosure or in advance for a set period of time.

Question 5

Who is a Subscriber?

Answer 5

Subscriptions involve some or most of the following factors:
Payment,
Registration,
Commitment,
Delivery,
Expressed association,
Access to restricted content.

“An ongoing commitment or relationship between the user and the entity which owns and operates the app/website.”

Question 6

Aspects of VPPA not totally settled

Answer 6

1. Level of interaction between the user and service to determine whether within scope of VPPA;
2. Likelihood of identification based on data shared and party it is shared with.