9th Circ. Says ESPN App User's Data Isn't Personal Info

Law360, New York (November 29, 2017, 7:26 PM EST) -- The Ninth Circuit on Wednesday ruled that although an ESPN app user claiming the sports network disclosed his private information to an analytics company had standing to sue, a lower court was right to toss his suit because the information was not personally identifiable under the Video Privacy Protection Act.

"Every disclosure of an individual's 'personally identifiable information' and video-viewing history offends the interests that the statute protects," the panel held in the unanimous opinion penned by Circuit Judge Susan Graber, refuting ESPN's argument that Chad Eichenberger had no standing to sue under the Supreme Court's 2016 Spokeo decision.

Nevertheless, the...

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