(a) For the purposes of this section, the term:
(1) “Personally identifiable information” does not include any record of aggregate data which does not identify particular persons.
(2) “‘Cable operator” includes, in addition to persons within the definition of cable operator in § 34-1251.03(7), any person who is owned or controlled by, or under common ownership or control with, a cable operator.
(b) 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 the following:
(1) 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;
(2) 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;
(3) The period during which such information will be maintained by the cable operator;
(4) The times and place at which the subscriber may have access to such information in accordance with subsection (d) of this section; and
(5) 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.
(c) 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 except for the following purposes:
(1) To obtain information necessary to render a cable service or other service provided by the cable operator to the subscriber; or
(2) To detect unauthorized reception of cable communications.
(d) A cable operator shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber and shall take such actions as are necessary to prevent unauthorized access to personally identifiable information by a person other than the subscriber or cable operator, except if:
(1) The disclosure is necessary to render, or conduct a legitimate business activity directly related to, a cable service or other service provided by the cable operator to the subscriber;
(2) The disclosure is 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
(3) The disclosure is of the names and addresses of subscribers to the cable service; provided, that:
(A) The cable operator has provided the subscriber the opportunity to prohibit or limit such disclosure; and
(B) The disclosure does not reveal, directly or indirectly, the extent of any viewing or other use by the subscriber of a cable service or other service provided by the cable operator, any channel or class of channels to which the subscriber subscribes, or the nature of any transaction made by the subscriber over the cable system;
(C) The disclosure is otherwise consistent with District law and regulation.
(e) 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 the cable operator. A cable subscriber shall be provided reasonable opportunity to correct any error in the information.
(f) 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 (b) of this section or pursuant to a court order.
(g) A cable operator shall not engage in or permit the transmission of any aural, visual, or digital signal, including “polling” the channel selection from any subscriber's premises without first obtaining written permission of the subscriber. This provision is not intended to prohibit the use of transmission of signals useful only for the control or measurement of system performance.
(h) A cable operator shall not engage in or permit the installation of any special terminal equipment in any subscriber's premises that will permit transmission from subscriber's premises of 2-way services using aural, visual, or digital signals without first obtaining written permission from the subscriber.
(i) In addition to any other lawful remedy available to a cable subscriber, any person aggrieved by any act of a cable operator in violation of this section may bring a civil action in the Superior Court and the Court may award the following:
(1) Actual damages or liquidated damages computed at the rate of $100 a day for each day of violation or $ 1,000, whichever is higher;
(2) Punitive damages; and
(3) Reasonable attorneys' fees and other litigation costs reasonably incurred.
CREDIT(S)
(Aug. 21, 1982, D.C. Law 4-142, § 1002, as added Oct. 9, 2002, D.C. Law 14-193, § 2(b), 49 DCR 7334.)
HISTORICAL AND STATUTORY NOTES
Legislative History of Laws
For Law 14-193, see notes following § 34-1251.01.