§ 118-93. Protection of subscriber privacy.

(a)

Protection of subscriber privacy mandatory. Pursuant to the franchise, this article and other applicable Federal, State and local laws, franchisee shall at all times protect the privacy of subscribers.

(b)

Monitoring. Except as provided herein, franchisee shall not monitor, or arrange for the monitoring of, or permit any other person to monitor, any cable, line, signal, input device, or subscriber facility for any purpose, without the authorization of the affected subscriber. Such authorization shall be revocable at any time by the Subscriber without penalty by delivering a written notice of revocation to franchisee. Such prohibition shall not apply to information provided through interactive services. Franchisee may conduct cable system-wide or individually addressed monitoring solely for the purpose of verifying cable system integrity, checking for illegal taps or billing.

(c)

Collection of personally identifiable information prohibited. Franchisee shall comply with the provisions of Section 631 of the Cable Act.

(d)

Disclosure of subscriber information prohibited. Except as provided in subsections (d)(1) through (3) of this section, franchisee shall not disclose personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned and shall take such actions as are necessary to prevent unauthorized access to such information by a person other than the subscriber or franchisee. Franchisee may disclose such information if the disclosure is:

(1)

Necessary to render, or conduct a legitimate business activity related to, a cable service or other service provided by franchisee to the subscriber;

(2)

Subject to Section 631(h) of the Cable Act, made pursuant to a court order authorizing such disclosure, if the subscriber is notified of such order by the person to whom the order is directed; or

(3)

A disclosure of the names and addresses of subscribers to any cable service or other service, if:

a.

Franchisee has provided the subscriber the opportunity to prohibit or limit such disclosure; and

b.

The disclosure does not reveal directly or indirectly the extent of any viewing or other use by the subscriber of a cable service or other service provided by franchisee, or the nature of any transaction made by the subscriber over franchisee's cable system.

(4)

For purposes of this subsection (d), "franchisee" shall include franchisee's affiliates and business partners.

(e)

Personally identifiable information. Franchisee shall not predicate regular subscriber service on the subscriber's grant or denial of permission to collect, maintain or disclose personally identifiable information. A subscriber may, at any time, revoke any permission previously given by delivering to franchisee a written statement of that intent.

(f)

Accessibility of personally identifiable information. A subscriber shall be provided access to all personally identifiable information regarding that subscriber which is collected and maintained by franchisee. Such information shall be made available to the subscriber at a reasonable time and at a convenient place designated by franchisee. A subscriber shall be provided reasonable opportunity to correct any error in such information.

(Ord. No. 2006-026, § 28, 4-12-2006)