S-4187

AN ACT Relating to cable subscriber information practices; adding a new chapter to Title 19 RCW; and prescribing penalties.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1. The legislature finds that cable operators collect personal information about their subscribers as a necessary part of providing cable service. This information may reflect the subscriber's intimate life, including personal, political, and religious beliefs and interests, as well as financial status. The legislature further finds that cable subscribers desire and expect this information to be kept private, and used only as necessary to provide cable service. The legislature declares that it is a matter of public interest to ensure that individuals' privacy is protected, and finds the provisions of this chapter necessary to protect the privacy of cable subscribers.

NEW SECTION. Sec. 2. Unless the context clearly requires otherwise, the definitions in this section apply throughout this chapter.

(1) "Cable operator" means any person or group of persons who provides cable service over a cable system and directly or through one or more affiliates owns a significant interest in such cable system, or who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system.

(2) "Cable service" means programming, in any combination, or any other service provided by a cable operator on or in connection with a cable system, except for cable telephone and internet services.

(3) "Cable system" means all or part of the facilities owned, rented, leased, or otherwise controlled by a cable operator. This includes plant, facilities, equipment, and closed signal transmission paths; switches, software, hardware, and other processing equipment; antennas, cables, amplifiers, towers, microwave links, studios, and real and personal property; and any and all conductors, home terminals, converters, remote control units, and all associated equipment or facilities, the purposes of which include distributing cable service or programming or producing, receiving, amplifying, storing, processing, or distributing voice, data, video, multimedia, or other forms of electronic, optical, or other signals.

(4) "Personally identifiable information" means information that can be associated with a particular individual through one or more identifiers or other information or circumstances.

(5) "Programming" means the video, audio, voice, data, multimedia, or other material or programs prepared for or capable of transmission on a cable system.

(6) "Subscriber" means any person who is lawfully receiving, for any purpose or reason, any cable service whether or not a fee is paid, including each such person in a multiple unit building, except for purposes of reporting or cost allocation, where equivalent subscriber basis may be used.

NEW SECTION. Sec. 3. A cable operator shall not collect personally identifiable information concerning any subscriber without the prior written or electronic consent of the subscriber concerned, unless the information is necessary to provide requested cable service to the subscriber. A cable operator shall not observe or record, or allow any third party to observe or record, the viewing habits or communications of subscribers over the cable system except:

(1) For collecting personally identifiable information necessary to render, or conduct a legitimate business activity related to, a cable service provided by the cable operator; or

(2) To detect unauthorized reception of cable communications.

NEW SECTION. Sec. 4. (1) A cable operator shall not disclose personally identifiable information concerning any subscriber unless:

(a) The subscriber has provided written consent to the disclosure;

(b) The disclosure is necessary to provide cable service to the subscriber;

(c) The disclosure is 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

(d) The disclosure is limited to names and addresses of subscribers and the cable operator has provided the subscriber the opportunity to prohibit or limit such disclosure. At the time of entering into an agreement to provide any cable service, a cable operator shall provide to each subscriber a self-addressed, postage-paid postcard that clearly and conspicuously informs the subscriber that the mailing of the postcard will prohibit or limit the disclosure of the subscriber's name and address.

(2) A cable operator shall not reveal, directly or indirectly, to any third party which cable services an individual subscriber receives, or the extent or nature of any viewing or other use of a cable service by a subscriber. However, this section shall not be construed to prohibit references to programming tiers and other general descriptions of cable services that do not directly or indirectly disclose subscriber viewing preferences.

NEW SECTION. Sec. 5. The legislature finds that the practices covered by this chapter are matters vitally affecting the public interest for the purpose of applying the consumer protection act, chapter 19.86 RCW. A violation of this chapter is not reasonable in relation to the development and preservation of business and is an unfair or deceptive act in trade or commerce and an unfair method of competition for the purpose of applying the consumer protection act, chapter 19.86 RCW.

NEW SECTION. Sec. 6. A subscriber whose personally identifiable information is collected or disclosed in violation of this chapter may collect damages of one thousand dollars, or actual damages, whichever is greater.

NEW SECTION. Sec. 7. Sections 1 through 6 of this act constitute a new chapter in Title 19 RCW.