§551 — Title 47 Telegraphs, Telephones, and Radiotelegraphs | U.S. Code

Summary

Cable companies must give each subscriber a separate written notice when service starts and at least once a year. The notice must say what personal information the company collects, how the company will use it, who might get it, how long the company keeps it, how the subscriber can see it and fix mistakes, and what limits and rights the subscriber has under the law. A company must get a subscriber’s written or electronic permission before collecting or sharing personally identifiable information, except when it needs the information to provide the service or to detect theft. Companies must protect the information from unauthorized access. They may share information without permission only to provide or run the service, under a court order (with subscriber notice), by giving names and addresses if the subscriber was allowed to opt out and the disclosure does not show what the subscriber watched or bought, or to a government entity as allowed under chapters 119, 121, or 206 of Title 18 (but not records showing video choices). Subscribers can see and correct their personal records at reasonable times and places. Companies must destroy personal data when it is no longer needed and there are no pending requests or court orders. People harmed by violations can sue in federal court and may recover actual damages (but not less than liquidated damages at $100 per day or $1,000, whichever is higher), punitive damages, and attorneys’ fees. States may pass similar laws. Government access by court order generally requires clear and convincing proof of suspected criminal activity and a chance for the subscriber to contest it. Definitions: "personally identifiable information" means information that identifies a person (not aggregate data); "other service" means wire or radio communications using cable facilities; "cable operator" also includes companies owned or controlled by, or under common control with, the operator that provide such services.

Title 47, §551

Telegraphs, Telephones, and Radiotelegraphs — Source: USLM XML via OLRC

(a)(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); 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) to enforce such limitations.

(2)For purposes of this section, other than subsection (h)—

(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)(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)(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), 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;

(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; or

(D)to a government entity as authorized under chapters 119, 121, or 206 of title 18, except that such disclosure shall not include records revealing cable subscriber selection of video programming from a 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 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 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)Except as provided in subsection (c)(2)(D), 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.

Notes & Related Subsidiaries

Editorial Notes

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

2001—Subsec. (c)(2)(D). Pub. L. 107–56, § 211(1), added subpar. (D). Subsec. (h). Pub. L. 107–56, § 211(2), substituted “Except as provided in subsection (c)(2)(D), a governmental entity” for “A governmental entity” in introductory provisions. 1992—Subsec. (a)(2). Pub. L. 102–385, § 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, § 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”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1992 AmendmentAmendment 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.

§551 Protection of subscriber privacy

Summary

Title 47, §551

Notes & Related Subsidiaries

Editorial Notes

References in Text

Effective Date

Effective Date

Amendments

Statutory Notes and Related Subsidiaries

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Citations & Metadata