Does A Free App Get Privacy Protection?

The First Circuit, reversing a lower court dismissal, found that the way Gannett exploited its free USA Today video app constituted a violation of the Video Privacy Protection Act (VPPA). The plaintiff had alleged that whenever he viewed a video, the app transmitted his mobile Android ID, GPS coordinates and identification of the video to a third-party analytics company that used the information to create user profiles for targeted advertising, in violation of the VPPA. At issue was whether the information that the company collected was personally identifiable information (PII) under the VPPA, and whether the free app user was a “consumer” protected by the VPPA. The First Circuit said yes on both counts.