Shutterstock / SoulCurry – I love My Privacy This lawsuit asserts Sony failed to purge Video Privacy Protection Act-covered information and made impermissible transfers to an affiliated entity. The district court dismissed, among other reasons, because it found the VPPA did not create a cause of action for failure-to-purge, only for wrongful disclosures or transfers. On appeal, the Ninth Circuit affirms. No failure-to-purge claim: The question here is whether the statute provides a cause of action for failure to purge, and the language of the statute creating a cause of action unhelpfully says that anyone aggrieved by any violation of “this section” can bring a cause of action. It could be interpreted to mean that a person has a private cause of action for any action inconsistent with the VPPA, including the prohibitions on use of information in certain evidentiary settings. Or it could be interpreted in a more limited way to just refer to the subsections…
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