Cable Communications Act of 1984 Flashcards
Sector
Telecommunications
Year passed/amended
1984
Original Purpose
Govern personal information collected and held by TV cable providers (does not include broadband providers)
Primary requirements
many smaller restrictions, not one big one
Entities subject to the law
Those who provide “one-way transmission to subscribers of . . . video programming or . . . other programming service, and . . . subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service.”
Term for relevant PII or regulated data
Personally identifiable information
Definition of relevant PII or regulated data
Not specifically defined in statute, except to say that it does not include aggregate information that does not specifically identify individuals
Civil or criminal?
Civil only
Enforcing authority - civil
FCC
Penalties - civil
Damages plus attorneys’ fees
Private right of action?
Yes (statutory)
FIP individual rights addressed
All (notice, choice and consent, access)
Notice requirements
At time of entering into agreement to provide services, and annually thereafter, must provide notice that “clearly and conspicuously” informs subscribers of:
(1) the nature of the PI collected;
(2) how such information will be used;
(3) the retention period of such information; and
(4) the manner by which a subscriber can access and correct such information
Exceptions for notice
none
Choice and consent requirements
Cannot disseminate (disclose?) PI without “written or electronic consent.”
Can disseminate names and addresses only, with opt-out consent
Exceptions for consent
May make disclosures:
(1) to the extent necessary to render services or conduct other legitimate business activities; or
(2) subject to a court order
Access requirements
must provide access and ability to correct
FIP information control principles addressed
None (neither security or quality, though customers do have the ability to correct)
FIP information lifecycle principles addressed
Use and retention, disclosure (not collection/disposal)
Use and retention requirements.
Use: limited to uses disclosed in annual statement
Retention: PI must be destroyed when it is no longer needed for the purpose for which it was collected and there are no pending requests for access
Disclosure requirements
Cannot disseminate (disclose?) PI without “written or electronic consent.”
Can disseminate names and addresses only, with opt-out consent
May make disclosures without consent:
(1) to the extent necessary to render services or conduct other legitimate business activities; or
(2) subject to a court order
Right to list of disclosures?
Not discussed
FIP Information management principles addressed
None (neither administration nor monitoring and enforcement)
