The Cable Communications Policy Act of 1984
The Cable Act regulates cable providers' notice, collection, disclosure and retention of subscriber data, and grants a private right of action. Providers must give annual privacy notices, collect only necessary information, and get written/electronic consent before disclosure (with limited exceptions). It does not cover cable broadband internet.
The Cable Communications Policy Act of 1984 regulates the notice a cable TV provider must give, its collection and dissemination of personal information, and retention/destruction. It provides a private right of action with actual or statutory damages, punitive damages, and attorneys' fees. It does not regulate cable broadband internet, because 'cable service' is defined as one-way transmission of video/other programming.
- At the time of the agreement and annually, provide a clear and conspicuous privacy notice (nature of info collected, use, retention period, and how to access and correct it)
- Collect only personal information necessary to render cable services or detect unauthorized reception
- Disclose personal information only with the subscriber's written or electronic consent, unless an exception applies
- Destroy personal information when no longer needed and no pending access requests
Disclosure is allowed (1) as necessary to render services or other legitimate business, (2) under a court order with notice to the subscriber, or (3) limited to names/addresses with an opt-out. The court-order-with-notice provision conflicted with ECPA (which allows disclosure without notice); in 2011 courts resolved this in favor of ECPA due to its later enactment.