Eichenberger v. ESPN, Inc., No. 15-35449 (9th Cir. 2017)Annotate this Case
"Personally identifiable information," pursuant to the Video Privacy Protection Act of 1998, 18 U.S.C. 2710(b)(1), means only that information that would readily permit an ordinary person to identify a specific individual's video-watching behavior. The Ninth Circuit affirmed the district court's dismissal of an action alleging that ESPN disclosed plaintiff's personally identifiable information in violation of the Act. Plaintiff alleged that ESPN violated the Act by giving a third party his Roku device serial number and by giving the identity of the video he watched. The panel held that plaintiff had Article III standing to bring his claim because section 2710(b)(1) was a substantive provision protecting consumers' concrete interest in their privacy. On the merits, the panel held that the information described in plaintiff's complaint did not constitute personally identifiable information under the Act. In this case, the information at issue could not identify an individual unless it was combined with other data in the third party's possession, data that ESPN never disclosed and apparently never even possessed.