CHAPTER 383

FORMERLY

HOUSE BILL NO. 476

AS AMENDED BY HOUSE AMENDMENT NO. 2

AN ACT TO AMEND CHAPTER 5, TITLE 11, DELAWARE CODE RELATING TO VIDEO PRIVACY PROTECTION.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Two-thirds of all members elected to each House thereof concurring therein):

Section 1. Amend Chapter 5, Title 11, Delaware Code by adding a new §925 to read as follows:

"§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; or

a. 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;

1. Any disclosure made under summons or subpoena to appropriately authorized law enforcement personnel; or

2. 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.

3. Any disclosure of names and addresses only for commercial mallin9 list purposes.

(c) A person convicted of violating this section shall be subject to a fine of not more than $500.00 for each violation, or imprisonment for not more than 6 months for all violations, or both."

Approved July 14, 1988.