§ 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.