Video Privacy Protection Act of 1988
PL 100-618 (S.2361), enacted 11/05/1988

PUBLIC LAW 100-618—NOV. 5, 1988 
102 STAT. 3195 
Public Law 100-618 
100th Congress 
An Act 
To amend title 18, United States Code, to preserve personal privacy with respect to 
the rental, purchase, or delivery of video tapes or similar audio visual materials. 
Nov. 5, 1988 
[S. 2361] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Video Privacy 
Protection Act of 
SECTION 1. SHORT TITLE. 
lOSs!^ 
This Act may be cited as the "Video Privacy Protection Act of l^ USC 2710 
1988". 
note. 
SEC. 2. CHAPTER 121 AMENDMENT. 
(a) IN GENERAL.—Chapter 121 of title 18, United States Code, is 
amended— 
(1) by redesignating section 2710 as section 2711; and 
(2) by inserting after section 2709 the following: 
"§ 2710. Wrongful disclosure of video tape rental or sale records 
"(a) DEFINITIONS.—For purposes of this section— 
"(1) the term 'consumer' means any renter, purchaser, or 
subscriber of goods or services from a video tape service pro-
vider; 
"(2) the term 'ordinary course of business' means only debt 
collection activities, order fulfillment, request processing, and 
the transfer of ownership; 
"(3) the term 'personally identifiable information' includes 
information which identifies a person as having requested or 
obtained specific video materials or services from a video tape 
service provider; and 
"(4) the term 'video tape service provider' means any person, 
engaged in the business, in or affecting interstate or foreign 
commerce, of rental, sale, or delivery of prerecorded video 
cassette tapes or similar audio visual materials, or any person 
or other entity to whom a disclosure is made under subpara-
graph (D) or (E) of subsection (b)(2), but only with respect to the 
information contained in the disclosure. 
"(b) VIDEO TAPE RENTAL AND SALE 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 
subsection (d). 
"(2) A video tape service provider may disclose personally identifi-
able information concerning any consumer— 
"(A) to the consumer; 
"(B) to any person with the informed, written consent of the 
consumer given at the time the disclosure is sought; 
"(C) to a law enforcement agency pursuant to a warrant 
issued under the Federal Rules of Criminal Procedure, an 
equivalent State warrant, a grand jury subpoena, or a court 
order; 
Business and 
industry. 
19-194 O—91—Part 
:QL3 
102 STAT. 3196 
PUBLIC LAW 100-618—NOV. 5, 1988 
Courts, U.S. 
State and local 
governments. 
"(D) to any person if the disclosure is solely of the names and 
addresses of consumers and i
f
— 
"(i) the video tape service provider has provided the 
consumer with the opportunity, in a clear and conspicuous 
manner, to prohibit such disclosure; and 
"(ii) 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; 
"(E) to any person if the disclosure is incident to the ordinary 
course of business of the video tape service provider; or 
"(F) 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, i
f
— 
"(i) the consumer is given reasonable notice, by the 
person seeking the disclosure, of the court proceeding rel-
evant to the issuance of the court order; and 
"(ii) the consumer is afforded the opportunity to appear 
and contest the claim of the person seeking the disclosure. 
If an order is granted pursuant to subparagraph (C) or (F), the 
court shall impose appropriate safeguards against unauthorized 
disclosure. 
"(3) Court orders authorizing disclosure under subparagraph (C) 
shall issue only with prior notice to the consumer and only if the 
law enforcement agency shows that there is probable cause to 
believe that the records or other information sought are relevant to 
a legitimate law enforcement inquiry. In the case of a State govern-
ment authority, such a court order shall not issue if prohibited by 
the law of such State. A court issuing an order pursuant to this 
section, on a motion made promptly by the video tape service 
provider, may quash or modify such order if the information or 
records requested are unreasonably voluminous in nature or if 
compliance with such order otherwise would cause an unreasonable 
burden on such provider. 
"(c) CIVIL ACTION.—(1) Any person aggrieved by any act of a 
person 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 in 
an amount of $2,500; 
"(B) punitive damages; 
"(C) reasonable attorneys' fees and other litigation costs 
reasonably incurred; and 
"(D) such other preliminary and equitable relief as the court 
determines to be appropriate. 
"(3) No action may be brought under this subsection unless such 
action is begun within 2 years from the date of the act complained of 
or the date of discovery. 
"(4) No liability shall result from lawful disclosure permitted by 
this section. 
"(d) PERSONALLY IDENTIFIABLE INFORMATION.—Personally identifi-
able 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. 
PUBLIC LAW 100-618—NOV. 5, 1988 
102 STAT. 3197 
or other authority of the United States, a State, or a poHtical 
subdivision of a State. 
"(e) DESTRUCTION OF OLD RECORDS.—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 informa- 
^ 
tion 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 (b)(2) or (c)(2) or pursuant to a court 
order. 
"(f) PREEMPTION.—The provisions of this section preempt only the State and local 
provisions of State or local law that require disclosure prohibited by governments, 
this section.". 
(b) CLERICAL AMENDMENT.—The table of sections at the beginning 
of chapter 121 of title 18, United States Code, is amended— 
(1) in the item relating to section 2710, by striking out "2710" 
and inserting "2711" in lieu thereof; and 
(2) by inserting after the item relating to section 2709 the 
following new item: 
"2710. Wrongful disclosure of video tape rental or sale records.". 
Approved November 5, 1988. 
LEGISLATIVE HISTORY—S. 2361: 
SENATE REPORTS: No. 100-599 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD, Vol. 134 (1988): 
Oct. 14, considered and passed Senate. 
Oct. 19, considered and passed House.