Page:United States Statutes at Large Volume 98 Part 3.djvu/423

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PUBLIC LAW 98-000—MMMM. DD, 1984

PUBLIC LAW 98-549—OCT. 30, 1984

98 STAT. 2795

"(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), 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) 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) 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) or pursuant to a court order. "(f)(1) Any person aggrieved by any act of a cable operator in Courts, U.S. 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) Nothing in this title 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) 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.