In Eichenberger-v.-ESPN., Case No. 15-35499 (Nov. 29, 2017), the United States Court of Appeals for the Ninth Circuit affirmed the district court judgment holding that the serial numbers on a consumer’s video streaming device and the titles of the videos an individual watches do not constitute personally identifiable information (PII) under the Video Privacy Protection Act of 1988 (VPPA)—even if a third party has additional information that when coupled with the shared information can identify the individual.
Continue Reading While Ninth Circuit Finds No Additional Harm Required for Standing Under the VPPA, It Applies a Narrow Reading of What Constitutes PII Under the VPPA