N.Y. General Business Law § 673: Wrongful disclosure of video tape rental records

§ 673. Wrongful disclosure of video tape rental records. 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.