§ 674 — Wrongful disclosure of video tape sales records

§ 674. Wrongful disclosure of video tape sales records. 1. A video\ntape seller who knowingly discloses, to any person, personally\nidentifiable information concerning any consumer of such seller shall be\nliable to the aggrieved person for the relief provided in section six\nhundred seventy-five of this article.\n 2. A video tape seller shall disclose personally identifiable\ninformation concerning any consumer:\n (a) to a grand jury pursuant to a grand jury subpoena;\n (b) pursuant to a court order, in a civil proceeding upon a showing of\ncompelling need for the information that cannot be accommodated by any\nother means, or in a criminal proceeding upon a showing of legitimate\nneed for the information that cannot be accommodated by any other means,\nif:\n (i) the consumer is given reasonable notice, by the person seeking the\ndisclosure, of the court proceeding relevant to the issuance of the\ncourt order;\n (ii) the consumer is afforded the opportunity to appear and contest\nthe claim of the person seeking the disclosure; and\n (iii) the court imposes appropriate safeguards against unauthorized\ndisclosure;\n (c) to a law enforcement agency pursuant to a warrant lawfully\nobtained under the laws of this state or the United States; or\n (d) to a court pursuant to a civil action for conversion commenced by\nthe video tape seller or to enforce collection for unpaid video tapes,\nand then only to the extent necessary to establish the fact of the sale.\nNotwithstanding the foregoing, a court shall impose appropriate\nsafeguards against unauthorized disclosure.\n 3. A video tape seller may disclose personally identifiable\ninformation concerning any consumer:\n (a) to the consumer;\n (b) (i) to any person with the informed, written consent of the\nconsumer; or\n (ii) to any person if the disclosure is solely of the names and\naddresses of consumers and if:\n (1) the video tape seller has provided the consumer with the\nopportunity, in a clear and conspicuous manner, to prohibit such\ndisclosure. The consumer is advised of such opportunity by means of a\nsign posted in full and clear view of the consumer at the point of sale,\nif such seller maintains a retail sales outlet; and\n (2) the disclosure does not identify the title, description, or\nsubject matter of any video tapes or other audio visual material;\nhowever, the subject matter of such materials may be disclosed if the\ndisclosure is for the exclusive use of marketing goods and services\ndirectly to the consumer; or\n (c) to any person if the disclosure is incident to the ordinary course\nof business of the video tape service provider.\n 4. Personally identifiable information obtained in any manner other\nthan as provided in this section shall not be received in evidence in\nany trial, hearing, arbitration, or other proceeding in or before any\ncourt, grand jury, department, officer, agency, regulatory body,\nlegislative committee or other authority of the state or any political\nsubdivision thereof.\n 5. A person subject to this section shall destroy personally\nidentifiable information as soon as practicable, but no later than one\nyear from the date the information is no longer necessary for the\npurpose for which it was collected and there are no pending requests or\norders for access to such information under this article.\n