IBM sued again in storm over Weather Channel data sharing

IBM has been sued again for allegedly allowing third-party ad partners to collect personal data without consent via videos on its Weather Channel website.

In the absence of a comprehensive federal privacy law, the complaint [PDF] claims Big Blue violated America's Video Privacy Protection Act (VPPA), enacted in 1988 in response to the disclosure of Supreme Court nominee Robert Bork's videotape rental records.

IBM was sued in 2019 by then Los Angeles City Attorney Mike Feuer over similar allegations: That its Weather Channel mobile app collected and shared location data without disclosure. The IT titan settled that claim in 2020. A separate civil action against IBM's Weather Channel was filed in 2020 and settled in 2023.

This latest legal salvo against alleged Weather Channel-enabled data collection takes issue with the sensitive information made available through the company's website to third-party ad partners mParticle and AppNexus/Xandr (acquired by Microsoft in 2022). The former provides customer analytics, and the latter is an advertising and marketing platform.

The complaint, filed on behalf of California plaintiff Ed Penning, contends that by watching videos on the Weather Channel website, those two marketing firms received Penning's full name, gender, email address, precise geolocation, the name, and the URLs of videos he watched, without his permission or knowledge.

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