Current through 2024 Legislative Session Act Chapter 476
Section 925 - Video privacy protection(a) A videotape distributor may not wrongfully disclose an individual or summary listing of any videotapes purchased or rented by a protected individual from the videotape distributor.(b) In this section the following words or terms have the meanings indicated: (1) "Protected individual" means: a. The individual described by any information the wrongful disclosure of which is prohibited under this section; orb. An agent of that individual.(2) "Publication" means distribution to a person other than the protected individual.(3) "Videotape distributor" means a person who sells or rents videotapes.(4)a. "Wrongful disclosure" means any publication that occurs in circumstances in which a protected individual who rents or purchases a videotape has a reasonable expectation of privacy.b. "Wrongful disclosure" does not include: 1. Any disclosure made incident to the normal course of the business of renting or selling videotapes to a person whom the protected individual authorizes, prior to distribution, to receive the information; 2. Any disclosure made under summons or subpoena to appropriately authorized law enforcement personnel;3. Any disclosure made to a collection agency or person designated by the videotape distributor for the purpose of collecting an unreturned videotape or an amount equal to the value of the unreturned videotape; or4. Any disclosure of names and addresses only for commercial mailing list purposes.(c) A person convicted of violating this section shall be subject to a fine of not more than $500 for each violation, or imprisonment for not more than 6 months for all violations, or both.66 Del. Laws, c. 383, §1.;