United States. Sectoral privacy. Act
Cable Act privacyCable Communications Policy Act of 1984, subscriber privacy provisions (47 U.S.C. § 551)
§1Summary
- Synopsis
Section 631 (47 U.S.C. § 551) protects the privacy of cable subscribers. Operators must give subscribers a written privacy notice when service begins and at least yearly. Operators need prior written or electronic consent to collect personal information over the cable system, unless it is needed to provide service or detect unauthorised reception, and generally need consent to disclose it, with exceptions for service-related business, court orders (with notice to the subscriber) and name-and-address lists with an opt-out. Subscribers may inspect and correct their data, and operators must destroy personal information once it is no longer needed. Government entities need a court order on clear and convincing evidence.
- Key themes
- Unique features
Includes a private right of action with liquidated damages of the greater of $100 per day of violation or $1,000, plus punitive damages and attorneys' fees.
- SaaS relevance
Limited; applies to cable operators.
§2Obligations
- Breach notification
- None
- DPO
- No
- Cross-border transfers
- None
- Maximum penalty
- Actual damages with liquidated damages of the greater of $100 per day of violation or $1,000, plus punitive damages and attorneys' fees (47 U.S.C. § 551(f))
§3Dates
- Key dates
- Adopted
- In force
- Pub. L. 98-549 signed 30 Oct 1984; section effective 60 days after 30 Oct 1984, except where otherwise expressly provided. Amended by the Cable Act of 1992 and the Telecommunications Act of 1996.
§4Text and authority
- Text
- Authoritative text law.cornell.edu
- Authority
- Federal Communications Commission; federal courts
§5Where it applies
- Domestic law of
- United States
- Also applies in
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Guam
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- US Virgin Islands
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
§6Sources and verification
- Sources consulted
- Verification
High confidence.
Synopsis from the text of 47 U.S.C. 551 on LII. In force date: LII note says the section is effective 60 days after 30 Oct 1984; calculated as 29 Dec 1984. Authority listed (FCC) is not stated in the section, which is enforced by civil action in federal court.