N.Y. General Business Law § 674: Wrongful disclosure of video tape sales records

§ 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.