Video Privacy Protection Act (VPPA)

Video Privacy Protection Act (VPPA)

An important federal law in privacy protection is the Video Privacy Protection Act (VPPA) which prohibits wrongful disclosure of video tape rental or sale records. This act protects certain personal information related to videos you have watched, rented, and bought. Protecting your individual privacy and personal information is important to many people. If your information has not been protected properly, or has been sold or shared, you may have grounds for a claim.

A consumer rights attorney understands these privacy concerns for individuals and consumers. Although it can often be complex to apply the terms of the VPPA to current technology, it is crucial that our laws adapt to safeguard the private information of individuals and families. A Video Privacy Protection Act (VPPA) attorney is a crucial ally in determining if your rights were violated and what you can do to uphold them.

Video Privacy Protection Act (VPPA) Attorney in San Diego

Daniel Shay and Shay Legal APC have consistently fought for the rights of individuals. We are aware of the significant imbalance between consumers and companies. By working with our team, you gain resources and information that help you stand against a powerful company. If your rights have been violated under federal law, you are owed compensation. The team at Shay Legal APC wants to help you get the justice you are owed.

What Is the VPPA?

The VPPA was enacted in 1988 with the intention to prohibit the wrongful disclosure of records about video rental or sale records that included any personal identification information. There are some exceptions to this law. Information can be disclosed:

1. To the consumer themselves
2. With the consumer’s written consent
3. Under a federal criminal warrant or a similar state warrant
4. Under a grand jury subpoena
5. Under a court order in unique situations
6. To a person when the information is only the names and addresses of a consumer, and that consumer has the ability to prohibit this disclosure
7. To a person when the disclosure is part of the ordinary business practice of the seller of the video tapes
8. Under a civil court order

If a consumer’s video rental or watching history is gained in any unlawful way, the VPPA further states that it may not be used in court proceedings. The VPPA also requires that these businesses destroy records with personally identifiable information in a set period of time. Failing to follow these guidelines can result in criminal charges.

Defining Terms in the VPPA

The terms used in the VPPA have been reinterpreted as time has passed. Some important terms include:

Video Tape Service Providers

Video tape service providers are defined as entities or individuals who deliver, sell, or rent audio-visual materials such as pre-recorded video cassette tapes. By stating that similar materials are also relevant to the VPPA, the law extends to streaming. This definition does not apply to livestream content, as it is not pre-recorded.

Consumer

A consumer is defined as a purchaser, renter, or subscriber of the goods or services offered by a video tape service provider. Different courts require different levels of association between an individual and a service provider to be considered a subscriber and a consumer. An attorney can help determine if you meet these requirements.

Personally Identifiable Information

This law exists to protect personally identifiable information (PII). This is defined as information that identifies an individual as having requested or secured specific video materials or services. PII includes the names, addresses, and titles of videos. Other information may also be included depending on the relevant technology and state laws. This information can only be disclosed with the consumer’s consent.

How the VPPA Applies to Online Content

Initially, the VPPA was created to protect data gathered by video rental and sale companies such as Blockbuster. Over time, the VPPA laws have been interpreted to include streaming services. Streaming service providers are considered to be video tape service providers, so they are required to follow the same federal guidelines. The information that streaming services gather about their users should have the same privacy restrictions as that of video rental stores.

Civil Action Under the VPPA

The VPPA allows anyone that is a victim of a VPPA violation to file a civil claim. Therefore, if your watching history and your personal identifiable information was disclosed and did not meet one of the allowances for disclosure, you can recover civil damages.

Time Limits by Which to Take Civil Action

Civil actions must be filed in a set period of time. The VPPA allows a statute of limitations of two years from the date of the incident to file a claim for civil damages. If your rights are violated under these laws, and you fail to file with the court within those two years, you will be unable to recover compensation. It is important to discuss your case with a Video Privacy Protection Act (VPPA) attorney as soon as you are aware of an incident.

This time limit exists to protect both plaintiffs and defendants. For a plaintiff filing the claim, a statute of limitations inspires prompt action and helps ensure that any supporting evidence, such as the records themselves, has not been destroyed. For defendants, the statute of limitations protects them from being liable indefinitely.

What Can a Video Privacy Protection Act (VPPA) Attorney Do for Me?

There are many benefits to working with a consumer protection attorney if your rights have been violated as a consumer. When you first suffer a potential VPPA violation, an attorney can look over the situation to decide if you have a viable case. If there is sufficient evidence to prove a violation, an attorney can guide you through the next steps, inform you of your options, and help you make crucial decisions about a potential claim.

An attorney can limit your stress and provide a smoother and more successful legal process. Civil claims can be overwhelming, but the support and legal knowledge of an attorney can make them easier. An attorney negotiates on your behalf with the other party, remains aware of the statute of limitations, and files the claim in court if a fair resolution cannot be reached.

Shay Legal APC: Video Privacy Protection Act (VPPA) Attorney Protecting Your Rights

The VPPA is an important piece of legislation intended to protect consumer rights. If an individual or entity has intruded on your privacy under the VPPA, Shay Legal APC can help. We fight diligently to represent your rights and get you the compensation you deserve. Contact our firm today.