Google Violates NY Video Consumer Privacy Act, Alleges Class Action
YouTube “unlawfully retains information” that identifies consumers “as having requested or obtained specific video materials or services from Google,” in violation of the New York Video Consumer Privacy Act, alleged a class action Oct. 4 (docket 5:22-cv-05713) in U.S. District Court in San Jose. Google maintains the digital records in violation of New York law, which requires video rental companies to destroy personally identifiable information (PII) “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, said the complaint.
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West Hempstead, New York, consumer Moshe Torczyner has had a Google account since 2020 to rent YouTube videos, resulting in Google’s collection of his PII, said his complaint. After congressional enactment in 1988 of the Video Privacy Protection Act, many states, including New York, enacted their own laws protecting the video rental histories of consumers in their states, it said: “Like the VPPA, New York included a requirement that a videotape service provider destroy personally identifiable information as soon as practicable.”
New York provides a “private right of action” to enforce the destruction of video rental history records and provides that “any consumer who prevails or substantially prevails in an action brought under this section” is entitled to at least $500 in damages, “regardless of the amount of actual damages proved,” said the complaint. Videos rented from YouTube are available to be viewed for 30 days, but once the consumer begins playing the video it must be viewed within 48 hours, it said.
After the option to view the video has expired, Google doesn't destroy the video rental information and related PII, said the complaint: “For rentals, once the transaction is complete and the video is no longer available to be viewed, Google’s purpose for collecting the personally identifiable information is satisfied, yet it retains the information indefinitely.”
Torczyner first rented videos from YouTube in 2020, yet as of Tuesday, his video rental history was still available to be viewed from his Google account, including PII “related to videos he rented over two years ago,” said his complaint. Google continues to store Torczyner’s PII “in violation of the protections established by the New York legislature,” it said. Google didn't destroy Torczyner’s PII “within one year from the date the information was no longer necessary for the purpose for which it was collected,” it said.
The complaint seeks an order “permanently enjoining” Google from holding on to consumers’ PII, in violation of New York law, plus “equitable, injunctive, and declaratory relief as may be appropriate.” A Google spokesperson declined comment.