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THE VIDEO PRIVACY PROTECTION ACT
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18USCSec. 2710 -- Wrongful Disclosure of Video Tape Rental or Sale Records
-STATUTE-
(a) Definitions. - For purposes of this section -
- the term ''consumer'' means any renter, purchaser, or subscriber of goods
or services from a video tape service provider;
- the term ''ordinary course of business'' means only debt collection activities,
order fulfillment, request processing, and the transfer of ownership;
- the term ''personally identifiable information'' includes information which
identifies a person as having requested or obtained specific video materials
or services from a video tape service provider; and
- the term ''video tape service provider'' means any person, engaged in the
business, in or affecting interstate or foreign commerce, of rental, sale, or
delivery of prerecorded video cassette tapes or similar audio visual
materials, or any person or other entity to whom a disclosure is made
under subparagraph (D) or (E) of subsection (b)(2), but only with respect
to the information contained in the disclosure.
(b) Video Tape Rental and Sale Records. -
- 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
subsection (d).
- 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
given at the time the disclosure is sought;
(C) to a law enforcement agency pursuant to a warrant issued under the
Federal Rules of Criminal Procedure, an equivalent State warrant,
a grand jury subpoena, or a court order;
(D) to any person if the disclosure is solely of the names and addresses
of consumers and if -
(i) the video tape service provider has provided the consumer
with the opportunity, in a clear and conspicuous manner, to
prohibit such disclosure; and
(ii) 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;
(E) to any person if the disclosure is incident to the ordinary course of
business of the video tape service provider; or
(F) 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, 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; and
(ii) the consumer is afforded the opportunity to appear and
contest the claim of the person seeking the disclosure. If an
order is granted pursuant to subparagraph (C) or (F), the
court shall impose appropriate safeguards against unauthorized
disclosure.
- Court orders authorizing disclosure under subparagraph (C) shall issue only
with prior notice to the consumer and only if the law enforcement agency
shows that there is probable cause to believe that the records or other
information sought are relevant to a legitimate law enforcement inquiry. In
the case of a State government authority, such a court order shall not issue
if prohibited by the law of such State. A court issuing an order pursuant to
this section, on a motion made promptly by the video tape service provider,
may quash or modify such order if the information or records requested are
unreasonably voluminous in nature or if compliance with such order
otherwise would cause an unreasonable burden on such provider.
(c) Civil Action. -
- Any person aggrieved by any act of a person in violation of this section may
bring a civil action in a United States district court.
- The court may award -
(A) actual damages but not less than liquidated damages in an amount
of $2,500;
(B) punitive damages;
(C) reasonable attorneys' fees and other litigation costs reasonably incurred; and
(D) such other preliminary and equitable relief as the court determines to be
appropriate.
- No action may be brought under this subsection unless such action is begun
within 2 years from the date of the act complained of or the date of discovery.
- No liability shall result from lawful disclosure permitted by this section.
(d) Personally Identifiable Information. - 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 United States, a State, or a political subdivision of a State.
(e) Destruction of Old Records. - 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 subsection (b)(2) or (c)(2) or pursuant to a court order.
(f) Preemption. - The provisions of this section preempt only the provisions of State
or local law that require disclosure prohibited by this section.
-SOURCE-
(Added Pub. L. 100-618, Sec. 2(a)(2), Nov. 5, 1988, 102 Stat.
3195.)
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