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U.S. Code as of:
01/19/04
Section 551. Protection of subscriber privacy
(a) Notice to subscriber regarding personally identifiable
information; definitions
(1) At the time of entering into an agreement to provide any
cable service or other service to a subscriber and at least once a
year thereafter, a cable operator shall provide notice in the form
of a separate, written statement to such subscriber which clearly
and conspicuously informs the subscriber of -
(A) the nature of personally identifiable information collected
or to be collected with respect to the subscriber and the nature
of the use of such information;
(B) the nature, frequency, and purpose of any disclosure which
may be made of such information, including an identification of
the types of persons to whom the disclosure may be made;
(C) the period during which such information will be maintained
by the cable operator;
(D) the times and place at which the subscriber may have access
to such information in accordance with subsection (d) of this
section; and
(E) the limitations provided by this section with respect to
the collection and disclosure of information by a cable operator
and the right of the subscriber under subsections (f) and (h) of
this section to enforce such limitations.
In the case of subscribers who have entered into such an agreement
before the effective date of this section, such notice shall be
provided within 180 days of such date and at least once a year
thereafter.
(2) For purposes of this section, other than subsection (h) of
this section -
(A) the term "personally identifiable information" does not
include any record of aggregate data which does not identify
particular persons;
(B) the term "other service" includes any wire or radio
communications service provided using any of the facilities of a
cable operator that are used in the provision of cable service;
and
(C) the term "cable operator" includes, in addition to persons
within the definition of cable operator in section 522 of this
title, any person who (i) is owned or controlled by, or under
common ownership or control with, a cable operator, and (ii)
provides any wire or radio communications service.
(b) Collection of personally identifiable information using cable
system
(1) Except as provided in paragraph (2), a cable operator shall
not use the cable system to collect personally identifiable
information concerning any subscriber without the prior written or
electronic consent of the subscriber concerned.
(2) A cable operator may use the cable system to collect such
information in order to -
(A) obtain information necessary to render a cable service or
other service provided by the cable operator to the subscriber;
or
(B) detect unauthorized reception of cable communications.
(c) Disclosure of personally identifiable information
(1) Except as provided in paragraph (2), a cable operator shall
not disclose personally identifiable information concerning any
subscriber without the prior written or electronic consent of the
subscriber concerned and shall take such actions as are necessary
to prevent unauthorized access to such information by a person
other than the subscriber or cable operator.
(2) A cable operator may disclose such information if the
disclosure is -
(A) necessary to render, or conduct a legitimate business
activity related to, a cable service or other service provided by
the cable operator to the subscriber;
(B) subject to subsection (h) of this section, made pursuant to
a court order authorizing such disclosure, if the subscriber is
notified of such order by the person to whom the order is
directed;
(C) a disclosure of the names and addresses of subscribers to
any cable service or other service, if -
(i) the cable operator has provided the subscriber the
opportunity to prohibit or limit such disclosure, and
(ii) the disclosure does not reveal, directly or indirectly,
the -
(I) extent of any viewing or other use by the subscriber of
a cable service or other service provided by the cable
operator, or
(II) the nature of any transaction made by the subscriber
over the cable system of the cable operator; or
(D) to a government entity as authorized under chapters 119,
121, or 206 of title 18, except that such disclosure shall not
include records revealing cable subscriber selection of video
programming from a cable operator.
(d) Subscriber access to information
A cable subscriber shall be provided access to all personally
identifiable information regarding that subscriber which is
collected and maintained by a cable operator. Such information
shall be made available to the subscriber at reasonable times and
at a convenient place designated by such cable operator. A cable
subscriber shall be provided reasonable opportunity to correct any
error in such information.
(e) Destruction of information
A cable operator shall destroy personally identifiable
information if 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
(d) of this section or pursuant to a court order.
(f) Civil action in United States district court; damages;
attorney's fees and costs; nonexclusive nature of remedy
(1) Any person aggrieved by any act of a cable operator in
violation of this section may bring a civil action in a United
States district court.
(2) The court may award -
(A) actual damages but not less than liquidated damages
computed at the rate of $100 a day for each day of violation or
$1,000, whichever is higher;
(B) punitive damages; and
(C) reasonable attorneys' fees and other litigation costs
reasonably incurred.
(3) The remedy provided by this section shall be in addition to
any other lawful remedy available to a cable subscriber.
(g) Regulation by States or franchising authorities
Nothing in this subchapter shall be construed to prohibit any
State or any franchising authority from enacting or enforcing laws
consistent with this section for the protection of subscriber
privacy.
(h) Disclosure of information to governmental entity pursuant to
court order
Except as provided in subsection (c)(2)(D) of this section, a
governmental entity may obtain personally identifiable information
concerning a cable subscriber pursuant to a court order only if, in
the court proceeding relevant to such court order -
(1) such entity offers clear and convincing evidence that the
subject of the information is reasonably suspected of engaging in
criminal activity and that the information sought would be
material evidence in the case; and
(2) the subject of the information is afforded the opportunity
to appear and contest such entity's claim.
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