Section 673. Wrongful disclosure of video tape rental records  


Latest version.
  • 1. A video
      tape service provider who knowingly discloses, to any person, personally
      identifiable information concerning any consumer of such provider  shall
      be liable to the aggrieved person for the relief provided in section six
      hundred seventy-five of this article.
        2.   A   video   tape   service  provider  shall  disclose  personally
      identifiable information concerning any consumer:
        (a) to a grand jury pursuant to a grand jury subpoena;
        (b) pursuant to a court order, in a civil proceeding upon a showing of
      compelling need for the information that cannot be accommodated  by  any
      other  means,  or  in a criminal proceeding upon a showing of legitimate
      need for the information that cannot be accommodated by any other means,
      if:
        (i) the consumer is given reasonable notice, by the person seeking the
      disclosure, of the court proceeding relevant  to  the  issuance  of  the
      court order;
        (ii)  the  consumer  is afforded the opportunity to appear and contest
      the claim of the person seeking the disclosure; and
        (iii) the court imposes appropriate  safeguards  against  unauthorized
      disclosure;
        (c)  to  a  law  enforcement  agency  pursuant  to  a warrant lawfully
      obtained under the laws of this state or the United States; or
        (d) to a court pursuant to a civil action for conversion commenced  by
      the  video  tape  service provider or to enforce collection of fines for
      overdue or unreturned video tapes, and then only to the extent necessary
      to establish the fact of the rental. Notwithstanding  the  foregoing,  a
      court   shall   impose   appropriate   safeguards  against  unauthorized
      disclosure.
        3. A video tape service provider may disclose personally  identifiable
      information concerning any consumer:
        (a) to the consumer;
        (b)  to any person with the informed, written consent of the consumer;
      or
        (c) to any person if the disclosure is incident to the ordinary course
      of business of the video tape service provider.
        4. Personally identifiable information obtained in  any  manner  other
      than  as  provided  in this section shall not be received in evidence in
      any trial, hearing, arbitration, or other proceeding in  or  before  any
      court,   grand  jury,  department,  officer,  agency,  regulatory  body,
      legislative committee or other authority of the state or  any  political
      subdivision thereof.
        5.   A  person  subject  to  this  section  shall  destroy  personally
      identifiable information 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 and there are no pending requests  or
      orders for access to such information under this article.