(a) A video tape seller or 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 § 47-18-2205.
Terms Used In Tennessee Code 47-18-2204
Consumer: means any renter, purchaser, or subscriber of goods or services from a video tape service provider or video tape seller. See Tennessee Code 47-18-2203
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,
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
Ordinary course of business: means only debt collection activities, order fulfillment, request processing, and the transfer of ownership. See Tennessee Code 47-18-2203
Person: means a natural person, consumer, individual, governmental agency, partnership, corporation, trust, estate, incorporated or unincorporated association, and any other legal or commercial entity however organized. See Tennessee Code 47-18-2102
Personally identifiable information: means any information which identifies a person as having requested or obtained specific video materials or services from a video tape service provider or video tape seller. See Tennessee Code 47-18-2203
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
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.
United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
Video tape seller: means any person engaged in the business of selling prerecorded video cassette tapes or similar audio visual materials. See Tennessee Code 47-18-2203
Video tape service provider: means any person engaged in the business of rental of prerecorded video cassette tapes or similar audio visual materials. See Tennessee Code 47-18-2203
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b)(1) A video tape seller or 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 commenced by the video tape seller or 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.(2) In addition, if the consumer is a minor under eighteen (18) years of age, a video tape seller or service provider shall disclose to the minor’s parent or legal guardian personally identifiable information concerning the minor upon receiving a request from the parent or legal guardian for such information.(c) A video tape service seller or provider may disclose personally identifiable information concerning any consumer to:
(1) The consumer;(2) Any person with the informed, written consent of the consumer; or(3) Any person if the disclosure is incidental to the ordinary course of business of the video tape service provider or seller; and(4) Any person if the disclosure is for the exclusive use of marketing goods and services directly to the consumer, and the video tape service seller or provider has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure.(d)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.(e) A person subject to this section shall destroy personally identifiable information as soon as practicable, but no later than one (1) year from the date the information is no longer necessary for the purpose for which it was collected unless a request or order for access to such information under this part is pending.
