Video Privacy Act of 1988

Question 1

Sector

Answer 1

Telecommunications

Question 2

Year passed/amended

Answer 2

1988; amended 2012

Question 3

Original Purpose

Answer 3

protect the PI of the customers of video tape service providers

Question 4

Primary requirements

Answer 4

No disclosure of PI, including records of rentals

Question 5

Entities subject to law

Answer 5

Entities who rent video tapes?

Question 6

Term for relevant PII or regulated data

Answer 6

Not mentioned in book

Question 7

Definition of relevant PII or regulated data

Answer 7

Not mentioned in book

Question 8

Civil or criminal?

Answer 8

Civil only

Question 9

Enforcing authority - civil

Answer 9

FCC

Question 10

Damages - civil

Answer 10

Actual or statutory damages of $2,500; punitive damages; attorneys

Question 11

Private right of action?

Answer 11

Yes (statutory). Likely only for disclosure, not improper retention

Question 12

FIP individual rights addressed

Answer 12

Choice and consent, access (not notice)

Question 13

Choice and consent provisions

Answer 13

Cannot disseminate (disclose?) PI without specific consent. Following amendment in 2011, single consumer consent is valid for up to two years.

Question 14

Exceptions for consent

Answer 14

Disclosure is

(a) to the consumer themselves;
(b) to law enforcement pursuant to warrant, subpoena or other court order in a criminal proceeding;
(c) only names and addresses;
(d) only names, addresses, and subject matter descriptions, and the disclosure was for marketing purposes;
(e) for order fulfillment, request processing, transfer of ownership or debt collection; or
(f) pursuant to a court order in a civil proceeding and the consumer is given the right to object

Question 15

Access requirements

Answer 15

must provide acccess

Question 16

FIP information control principles addressed

Answer 16

none (neither information security nor information quality)

Question 17

FIP Lifecycle principles addressed

Answer 17

Use and retention; disclosure (not collection/disposal)

Question 18

Use and retention requirements

Answer 18

PI must be destroyed “as soon as practicable, but no later than one year” after “the information is no longer necessary for the purpose for which it was collected” and there are no pending requests for access

Question 19

Disclosure requirements

Answer 19

consent required for disclosure, subject to a number or exceptions. Consent is valid up to two years

Question 20

FIP information management principles addressed

Answer 20

None (neither administration nor monitoring and enforcement)