Google Retains Viewing Information Against Minnesota Law Class Action

Many class actions these days are about privacy. This Minnesota class action brings suit against Google, LLC for continuing to store video rental history along with personally identifiable information (PII), in violation of federal and Minnesota law.

The class for this action is all Minnesota residents with Google accounts who rented a video using one of Google’s video-streaming services.

Google makes movies available from its various streaming services, such as Google Play, Google TV, and YouTube. To rent a video, a consumer must have a Google or YouTube account.

“Any time a user interacts with the Services,” the complaint alleges, “his or her activities are logged with the associated Google account.” This includes both the storing of PII, such as names, email addresses, and billing addresses, and also a history of the videos rented.

Federal law includes the Video Privacy Protection Act (VPPA), which was enacted in 1988, the complaint claims, “to preserve Americans’ right to privacy in their video rental histories.” It forbids a videotape service provider from knowingly disclosing to another person ‘personally identifiable information concerning any consumer of such provider.’”

The law also requires that the providers who are “subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected….” However, the complaint alleges, “[t]he VPPA does not provide a private right of action for failing to destroy records in the manner required by law.”

The Minnesota law does, the complaint alleges. Under the Minnesota law, the complaint claims, videotape service providers must “destroy personally identifiable information as soon as soon as practicable, but no later than one year from the date the information is no longer necessary for the purpose for which it was collected….”

When a consumer selects a video to rent on Google Play, Google TV, or YouTube, the complaint alleges, Google makes a charge to the credit card on file with the person’s account. In general, the video is then available for the consumer to view for thirty days, until the streaming begins. After that, the video is available only for the next forty-eight hours.

At times, Google offers refunds. The complaint alleges these are usually available for forty-eight hours after the purchase of the rental, but refunds for some technical difficulties may be offered for as many as sixty-five days. But even after the thirty days or forty-eight hours allowed for the rental, the complaint alleges, “Google does not destroy the video rental information, nor does Google destroy personal information pertaining to the consumer.”

According to the complaint, “The transaction is completed once the video is no longer viewable by the accountholder—at that point payment has been made, Google’s duty to offer the video terminates, and no refund is available to the consumer.” However, it says, Google does not then destroy the information. Instead, the complaint claims, it and it indefinitely.

Article Type: Lawsuit
Topic: Privacy
Tags: Failure to Delete Information, Movies and Videos, VPPA, Your Privacy