Josephine Liu writes:
The Seventh Circuit held yesterday, in a decision written by Judge Posner, that damages are not available under the Video Privacy Protection Act (“VPPA”) for violations of the statute’s data deletion requirement, only for unlawful disclosures of video-viewing information.
Subsection (b) of the VPPA prohibits knowing disclosure of personally identifiable information that identifies a person as having requested specific video materials from a video service provider. Subsection (c) authorizes private actions, including statutory damages of $2,500. Subsection (e) requires that old records be destroyed “no later than one year from the date the information is no longer necessary for the purpose for which it was collected.”
Read more on Covington & Burling InsidePrivacy.