Section 674. Wrongful disclosure of video tape sales records

1. A video
  tape  seller  who  knowingly  discloses,  to  any   person,   personally
  identifiable information concerning any consumer of such seller shall be
  liable  to  the  aggrieved person for the relief provided in section six
  hundred seventy-five of this article.
    2.  A  video  tape  seller  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 seller or to enforce collection for unpaid  video  tapes,
  and then only to the extent necessary to establish the fact of the sale.
  Notwithstanding   the   foregoing,  a  court  shall  impose  appropriate
  safeguards against unauthorized disclosure.
    3.  A  video  tape  seller  may   disclose   personally   identifiable
  information concerning any consumer:
    (a) to the consumer;
    (b)  (i)  to  any  person  with  the  informed, written consent of the
  consumer; or
    (ii) to any person if the  disclosure  is  solely  of  the  names  and
  addresses  of  consumers and if:  (1) the video tape seller has provided
  the consumer with the opportunity, in a clear and conspicuous manner, to
  prohibit such disclosure. The consumer is advised of such opportunity by
  means of a sign posted in full and clear view of  the  consumer  at  the
  point of sale, if such seller maintains a retail sales outlet; and
    (2)  the  disclosure  does  not  identify  the  title, description, or
  subject matter of any  video  tapes  or  other  audio  visual  material;
  however,  the  subject  matter of such materials may be disclosed if the
  disclosure is for the exclusive use  of  marketing  goods  and  services
  directly to 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.