N.Y. General Business Law 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.
Terms Used In N.Y. General Business Law 674
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Subpoena: A command to a witness to appear and give testimony.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
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.