Court Opens Door for VPPA to Apply to Website Trackers; Nonprofits Included
The Video Privacy Protection Act (VPPA) can now be applied in the context of website tracking software after a recent U.S. District Court for Western Michigan ruling, according to a Fisher Phillips blog post Thursday. The court ruled that a college was subject to the federal law when it allegedly shared certain user information from its website to third parties.
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In the case, Hillsdale College allegedly collected information from those who visited its website, including viewing histories and social media account IDs, via a tracking pixel and shared it with a third-party social media company, the blog said. Judge Hala Jarbou interpreted social network account IDs as personally identifiable information (PII), thus making it subject to the VPPA. Additionally, the decision expanded the definition of who is a video tape service provider under the law, ruling the college counted because its website contained educational videos.
This ruling “presents new risks for any entities that have integrated social media into their online presence,” blogged the Fisher Phillips lawyers. Nonprofits often have exemptions from state privacy laws but must comply with federal laws like the VPPA, they said. Though nonprofits “may think that you have a pass in this space,” the Michigan decision “sends a clear message that nonprofits are not immune from these website wiretapping litigation risks,” said the firm's Kate Dedenbach.
The lawyers recommended schools and nonprofits provide notice to ensure consent is obtained, making sure no data is shared until then. In addition, they advised conducting audits and keeping up with litigation trends to ensure compliance.
Although the decision “could be appealed,” the blog post said, “it serves as a good reminder to review your data collection practices and disclosures” to keep up with the "rapidly evolving case law in this space.”
Interpretations of definitions in the VPPA have varied widely from court to court (see 2508190026). While these differences are largely focused on what it means to be a consumer under the statute (see 2504150047), what it means to be a video tape service provider has differed as well. In March, the 9th U.S. Circuit Court of Appeals took a narrow view, ruling that a movie theater was not a video tape service provider (see 2503270053).