Court Says Movie Theaters Can Share Your Data — And It's LEGAL

Video Privacy Protection Act does not apply to in-theater movie experience.

The court affirmed the dismissal of a class-action lawsuit against Landmark Theatres, holding that the Video Privacy Protection Act (VPPA) does not apply to in-theater movie experiences. Plaintiff Paul Osheske alleged Landmark violated the VPPA by sharing his movie selections and Facebook ID with Facebook via a tracking pixel after he purchased tickets online. However, the court ruled that the VPPA, created to prevent unauthorized disclosures by providers of prerecorded video content, only applies to the rental, sale, or delivery of such content—not to the public exhibition of films in theaters. Since moviegoers do not control playback and theaters do not provide prerecorded video materials for personal use, Landmark was not considered a "video tape service provider" under the statute. The panel upheld the dismissal with prejudice.