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IAPP CIPP/US Practice Exam

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An individual filed a federal class-action lawsuit against Netflix for its alleged violation of the Video Privacy Protection Act. The suit states that Netflix discloses subscribers’ “previously watched” viewing history and other PII to third parties, including friends, family, and guests who use a common account. Netflix does not provide a way for subscribers to hide their history.

Which of the following are true?
  1. VPPA violations must be willful. Netflix did not willfully or knowingly make the alleged disclosures to third parties.
  2. The alleged disclosures are permissible under the VPPA since they are made to subscribers.
  3. Both A and B
  4. None of the above. Netflix is liable for its VPPA violations.
Explanation
Answer: C - Netflix is not liable for VPPA violations cited in this scenario because (1) VPPA violations must be willful. Netflix did not willfully or knowingly make the alleged disclosures to third parties, and (2) The alleged disclosures are permissible under the VPPA since they are made to subscribers.
 
The case was dismissed at the federal district court level, and decisions were upheld by the U.S. Court of Appeals for the Ninth Circuit.
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