Hulu, Net Flix and the Video Privacy Protection Act

Hulu users claimed that the subscription-based video streaming service disclosed their viewing history to third parties. Specifically, their complaint alleges that Hulu worked with KISSmetrics, a data analytics company, to track subscribers’ viewing histories and then share that information with third parties such as Facebook. Hulu asserts it is not subject to the VPPA because it is not a “video tape service provider,” which is defined in relevant part as “any person, engaged in the business, in or affecting interstate or foreign commerce, of rental, sale, or delivery of prerecorded video cassette tapes or similar audio visual materials…” The case is headed to mediation.


As to Netflix, they recently settled a class action lawsuit in connection with maintaining viewing history records beyond the allowed time under the statute. 


http://www.huntonprivacyblog.com/2012/06/articles/recent-cases-focus-attention-on-the-video-privacy-protection-act/#more-3062