§ 49-43. Subscriber privacy.

A. 

Protection of subscriber privacy mandatory. The grantee shall at all times protect the privacy of subscribers, as provided in this chapter and other applicable federal, state and local laws.

B. 

Notice of privacy provisions. 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, the grantee shall provide notice in the form of a separate written statement to subscriber which clearly and conspicuously informs the subscriber of:

(1) 

The privacy rights of the subscriber and the limitations placed upon the grantee with regard to Article VI hereof and all other applicable federal, state and local subscriber privacy provisions.

(2) 

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.

(3) 

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.

(4) 

The period during which such information might be maintained by the cable operator.

(5) 

The times and place at which the subscriber may have access to such information in accordance with this chapter and other applicable federal, state and local law.

C. 

Collection of personally identifiable information prohibited. The grantee shall not use or permit the use of the cable system to collect personally identifiable information concerning any subscriber, except as necessary to render a cable service or other service provided by the cable operator to the subscriber. The grantee shall not install or permit the installation of any special terminal equipment in any subscriber's premises for the two-way transmission of any aural, visual or digital signals without the prior written consent of the subscriber. The grantee shall not tabulate nor permit others to tabulate any subscriber use of the cable system which would reveal the opinions or commercial product preferences of individual subscribers, whether residential or business or of any occupant or user of the subscriber's premises without written authorization from the subscriber for his or her participation in a shop-at-home or similar service. When providing such service, the grantee may tabulate only those responses essential to the functioning of that shopping or other service and may not use any such tabulation of individual preferences for any other purposes. Tabulations of aggregate opinion or preference are permitted, provided that the aggregations are sufficiently large to assure individual privacy.

D. 

Personally identifiable information will not be disclosed without conforming to Section 631 of the Cable Act.

E. 

The grantee shall not predicate regular subscriber service on the subscriber's grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may at any time revoke any permission previously given by delivering to the grantee a written statement of that intent.

F. 

Each subscriber shall be provided access to all personally identifiable information regarding such subscriber that the grantee collects or maintains or allows to be collected or maintained, and such subscriber shall be provided the opportunity to correct any error in such information.

G. 

Any information concerning individual subscriber viewing habits or responses, except for information for billing purposes, shall be destroyed when no longer required for business purposes or otherwise required to be kept by law.

H. 

This section is not intended to prohibit the use or transmission of signals useful only for the control or measurement of system performance.