Video Privacy

Video is rarely just video

Embedded video on business websites has attracted attention under the Video Privacy Protection Act — a 1988 law originally written about video rental records that courts have applied, in some circumstances, to websites that share video-viewing information with third parties.

To be clear: not every website containing video is subject to the VPPA. The law has specific definitions about who qualifies as a "video tape service provider," and courts have disagreed about how far it reaches. This is a genuinely unsettled area, and whether it applies to you is a legal question.

What's technically involved

• Embedded players — third-party video players can transmit viewing data back to their platforms
• Tracking technologies — pixels that combine video viewing with visitor identity
• Video-related information — which videos a specific visitor watched, tied to identifiers
• Third-party sharing — where that viewing data ends up

Sensible precautions

Regardless of where the law settles, there are low-drama technical steps worth taking: understanding what data your video embeds transmit, configuring players with privacy-enhanced settings where available, and avoiding configurations that tie identifiable visitors to their viewing habits without a good reason.

We'll review your video setup and implement the careful version. Your counsel can tell you whether the law requires it — we'll make sure the technology is ready either way.