United States. Sectoral privacy. Act

VPPAVideo Privacy Protection Act of 1988 (18 U.S.C. § 2710)

In force
Partly verifiedMedium confidence. Circuit split on who is a 'consumer'. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.

§1Summary

Synopsis

Bars video tape service providers from knowingly disclosing personally identifiable information about consumers' video viewing without informed written consent. Courts have applied it to streaming and websites with embedded video.

Key themes
  • video viewing history
  • consent
  • tracking pixels
  • class actions
Unique features

Pre-internet statute now driving pixel litigation against sites that share video viewing data with ad platforms.

SaaS relevance

Video hosting and analytics SaaS and their customers face claims where viewing data plus identifiers flow to third parties.

§2Obligations

Extraterritorial
No
Breach notification
None
DPO
No
Cross-border transfers
None
Maximum penalty
Liquidated damages of $2,500 per person plus punitive damages

§3Dates

Key dates
  • Adopted
  • In force
  • Amended 2013 to allow electronic consent for sharing.

§4Text and authority

Text
Authority
Private litigants (courts)

§5Where it applies

Domestic law of
United States
Also applies in

§6Sources and verification

Sources consulted
Verification

Medium confidence.

Partly verifiedMedium confidence. Circuit split on who is a 'consumer'. Not re-verified against a primary source in this session (search budget exhausted); details from established knowledge.