HumenhukCIPP/US Study Guide
Chapter 11: Telecommunications and Marketing

The Video Privacy Protection Act of 1988

Reviewed by Victor Humenhuk. Published . Reviewed .

The VPPA, passed after Robert Bork's video rental records were disclosed, bars videotape service providers from disclosing customer information except under enumerated exceptions. Statutory damages are $2,500; it has a private right of action and does not preempt stricter state law. A 2012 amendment allows one-time consent valid up to two years.

How this supports CIPP/US study

Use this lesson to identify the disclosure, workplace or cross-border rule that changes the result in a fact pattern. Continue with the CIPP/US study plan.

The VPPA was passed in response to the disclosure of Supreme Court nominee Robert Bork's video rental records. It applies to Videotape service providers and prohibits disclosing customer personal information unless an enumerated exception applies.

  • Disclosure to the consumer themselves
  • Disclosure with the consumer's contemporaneous written consent
  • Disclosure to law enforcement pursuant to a warrant, subpoena or court order
  • Disclosure of only names and addresses
  • Disclosure of names, addresses and subject-matter descriptions used only for marketing goods/services to consumers
  • Disclosure for order fulfillment, request processing, transfer of ownership, or debt collection
  • Disclosure pursuant to a court order in a civil proceeding where the consumer can object
Damages, preemption, and the 2012 amendment

Statutory damages are $2,500; there is a private right of action; and the VPPA does not preempt more protective state laws. Information must be destroyed no later than one year after it is no longer needed. The 2012 amendment replaced the contemporaneity requirement with a one-time consent valid up to two years (enabling social media sharing like the Netflix/Facebook feature). Courts have held the private right of action extends to disclosure violations, not mere improper retention.

Key terms - quick answers

What is “VPPA”?
The Video Privacy Protection Act of 1988, restricting disclosure of consumers' video viewing/rental records by videotape service providers, enacted after Robert Bork's rental records were disclosed.
What is “Videotape service provider”?
Anyone engaged in the rental, sale or delivery of prerecorded videocassettes or similar audiovisual materials, plus those receiving such personal information in the ordinary course of business or for marketing.

Sources and study method

This independent lesson uses active recall, spaced retrieval and scenario practice. Read the full study method.