§ 51-34-05 — Permitted use by telephone companies

North Dakota § 51-34-05

• Jurisdiction: North Dakota
• Title 51: Sales and Exchanges
• Ch. 51-34: Telephone Records Protection

Text

1. This chapter does not prohibit a telephone company from obtaining, using, disclosing,
or permitting access to any telephone record, either directly or indirectly through its
agents or contractors:
a. As otherwise authorized by law;
b. With the lawful consent of the customer;
c. As may be necessarily incident to the rendition of the service or to the protection
of the rights or property of the telephone company, or to protect the customer of
those services and other carriers from fraudulent, abusive, or unlawful use of, or
subscription to, such services;
d. To a governmental entity, if the telephone company reasonably believes that an
emergency involving immediate danger of death or serious physical injury to any
person justifies disclosure of the information; or
e. To the national center for missing and exploited children, in connection with a
report submitted thereto under section 227 of the Victims of Child Abuse Act of
1990.
2. This chapter does not apply to or expand upon the obligations and duties of any
telephone company to protect telephone records beyond those otherwise established
by federal law or state law or both as set forth in section 51-34-06.
3. This chapter does not apply to a telephone company, and its agents or
representatives, who reasonably and in good faith act pursuant to subsection 2,
notwithstanding any later determination that the action was not in fact authorized.