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Video Privacy Protection Act of 1988 (VPPA)
Practical Law Glossary Item 9-516-9268 (Approx. 3 pages)
Glossary
Video Privacy Protection Act of 1988 (VPPA)
A federal consumer privacy statute (18 U.S.C. § 2710) that prohibits a video tape service provider, as defined in the statute, from knowingly disclosing a consumer's personally identifiable information (PII) derived from their rental or purchase of, or subscription to, prerecorded audio visual materials or services without the consumer's informed, written consent.
The VPPA allows video tape service providers to disclose PII in certain limited circumstances, including, for example:
- To law enforcement agencies only on a showing of probable cause and under a valid warrant, grand jury subpoena, or court order.
- Consumers' names and addresses to any person, but only if:
- the video tape service provider has provided the consumer with the opportunity to prohibit the disclosure; and
- the disclosure does not identify the title, description or subject matter of any audio visual material, except that the subject matter of these materials may be disclosed if solely for purposes of marketing goods and services directly to the consumer.
Under the VPPA, PII must be destroyed within one year from the date the information is no longer necessary for the purpose for which it was collected and there are no pending requests or order for access to the information.
The VPPA provides a federal private right of action and civil liability for violations, including awards of:
- Actual and punitive damages.
- Legal costs and reasonable attorneys' fees.
- Equitable relief.