
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-56 Section 211]
[CITE: 47USC551]

 
          TITLE 47--TELEGRAPHS, TELEPHONES, AND RADIOTELEGRAPHS
 
                 CHAPTER 5--WIRE OR RADIO COMMUNICATION
 
                  SUBCHAPTER V-A--CABLE COMMUNICATIONS
 
                    Part IV--Miscellaneous Provisions
 
Sec. 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; 
    or
        (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.

(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

    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.

(June 19, 1934, ch. 652, title VI, Sec. 631, as added Pub. L. 98-549, 
Sec. 2, Oct. 30, 1984, 98 Stat. 2794; amended Pub. L. 102-385, Sec. 20, 
Oct. 5, 1992, 106 Stat. 1497.)

                       References in Text

    For ``the effective date of this section'', referred to in subsec. 
(a)(1), as 60 days after Oct. 30, 1984, except where otherwise expressly 
provided, see section 9(a) of Pub. L. 98-549, set out as an Effective 
Date note under section 521 of this title.


                               Amendments

    1992--Subsec. (a)(2). Pub. L. 102-385, Sec. 20(a), amended par. (2) 
generally. Prior to amendment, par. (2) read as follows: ``For purposes 
of this section, the term `personally identifiable information' does not 
include any record of aggregate data which does not identify particular 
persons.''
    Subsec. (c)(1). Pub. L. 102-385, Sec. 20(b), inserted before period 
at end ``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''.


                    Effective Date of 1992 Amendment

    Amendment by Pub. L. 102-385 effective 60 days after Oct. 5, 1992, 
see section 28 of Pub. L. 102-385, set out as a note under section 325 
of this title.


                             Effective Date

    Section effective 60 days after Oct. 30, 1984, except where 
otherwise expressly provided, see section 9(a) of Pub. L. 98-549, set 
out as a note under section 521 of this title.

                  Section Referred to in Other Sections

    This section is referred to in section 573 of this title.
