Video Privacy Law and Online Services

The VPPA, 18 U.S.C. '2710, prohibits video tape service providers from knowingly disclosing PII concerning any consumer to any person. The impetus for the Act occurred when a reporter obtained a list of videotapes that the late U.S. Supreme Court nominee Judge Robert Bork rented from his local video store. Specifically, the Act prohibits a “video tape service provider” from: 1) knowingly disclosing to any person; 2) personally identifiable information (PII) concerning any consumer of such provider; 3) except for certain disclosures ' such as to the consumer or law enforcement, or for disclosures “incident to the ordinary course of business” of the video tape service provider, defined as “debt collection activities, order fulfillment, request processing, and the transfer of ownership.” 18 U.S.C. '2710(a)(4). Beyond requiring providers to keep PII confidential, the Act further requires them to “destroy personally identifiable information as soon as practicable, but no later than one year after the date when the information no longer became necessary for the purpose for which it was collected.” 18 U.S.C. '2710(e).