Cable Communications Act of 1984

Question 1

Sector

Answer 1

Telecommunications

Question 2

Year passed/amended

Answer 2

1984

Question 3

Original Purpose

Answer 3

Govern personal information collected and held by TV cable providers (does not include broadband providers)

Question 4

Primary requirements

Answer 4

many smaller restrictions, not one big one

Question 5

Entities subject to the law

Answer 5

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.”

Question 6

Term for relevant PII or regulated data

Answer 6

Personally identifiable information

Question 7

Definition of relevant PII or regulated data

Answer 7

Not specifically defined in statute, except to say that it does not include aggregate information that does not specifically identify individuals

Question 8

Civil or criminal?

Answer 8

Civil only

Question 9

Enforcing authority - civil

Answer 9

FCC

Question 10

Penalties - civil

Answer 10

Damages plus attorneys’ fees

Question 11

Private right of action?

Answer 11

Yes (statutory)

Question 12

FIP individual rights addressed

Answer 12

All (notice, choice and consent, access)

Question 13

Notice requirements

Answer 13

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

Question 14

Exceptions for notice

Answer 14

none

Question 15

Choice and consent requirements

Answer 15

Cannot disseminate (disclose?) PI without “written or electronic consent.”

Can disseminate names and addresses only, with opt-out consent

Question 16

Exceptions for consent

Answer 16

May make disclosures:

(1) to the extent necessary to render services or conduct other legitimate business activities; or
(2) subject to a court order

Question 17

Access requirements

Answer 17

must provide access and ability to correct

Question 18

FIP information control principles addressed

Answer 18

None (neither security or quality, though customers do have the ability to correct)

Question 19

FIP information lifecycle principles addressed

Answer 19

Use and retention, disclosure (not collection/disposal)

Question 20

Use and retention requirements.

Answer 20

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

Question 21

Disclosure requirements

Answer 21

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

Question 22

Right to list of disclosures?

Answer 22

Not discussed

Question 23

FIP Information management principles addressed

Answer 23

None (neither administration nor monitoring and enforcement)