2023 New York Laws › GBS - General Business › Article 32 - Video Consumer Privacy Act › 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.