Privacy & New Media

EPIC Amicus – Ninth Circuit Holds Violation of Video Privacy Law Establishes ‘Standing’

18 01 2018

[ed. note:

1) plaintiff has standing because private info was misused

2) any action they bring is doomed… cause the info isn’t personally identifiable.

there’s NO SUCH THING as non-identifying information any longer. It can ALL be re-identified with a few clicks.

https://en.wikipedia.org/wiki/De-anonymization

I guess the judge is resting on the fact that there’s no evidence that the defendents commited de-anonymization… and of course, they are the party in the suit.

But the principle used (that the individual pieces don’t matter because they don’t identify) is faculty logic. Not much point hanging appealate decisions on faulty assumptions and logic.]

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The Ninth Circuit issued an opinion today that addressed standing — the right to bring a lawsuit — under the Video Privacy Protection Act. The court found that the law protects a “substantive right to privacy that suffers any time a video service provider discloses otherwise private information.” The court stated that a “plaintiff need not allege any further harm to have standing.” EPIC filed an amicus letter brief in response to the court’s request for parties to discuss standing following the Supreme Court decision in Spokeo v. Robbins. EPIC urged the court to recognize that “Congress intended to protect consumers’ concrete interests in the confidentiality of their video viewing records.” Contrasting with the Spokeo decision concerning the Fair Credit Reporting Act, the federal appeals court agreed that the video privacy law protects a “substantive interest.” EPIC regularly files amicus briefs defending Article III standing in consumer privacy cases, and filed several amicus briefs after the Spokeo decision, including in Attias v. Carefirst, Gubala v. Time Warner Cable, and In re SuperValu Customer Data Security Breach Litigation.

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