351-A:1 Videotape Rental or Sales Records; Confidentiality. –
I. Videotape rental or sales records which contain the names or other personal identifying information regarding the renters or purchasers of videotapes shall be confidential and shall not be disclosed by any person or other entity renting or selling such videotapes except as provided in paragraph II.
II. Records described in paragraph I may be disclosed to the extent necessary for the proper operation of such videotape rental and sales establishments and shall be disclosed:
(a) Upon request by or consent of the renter or the renter's or buyer's parent or guardian in the case of a minor;
(b) To law enforcement agencies for the purpose of an ongoing criminal investigation regarding theft or failure to return videotapes;
(c) Pursuant to subpoena or court order;
(d) Where otherwise required by statute; or
(e) To any person if the disclosure is limited to debt collection activities, order fulfillment, request processing or the transfer of ownership.
III. Nothing in this section shall be construed to prohibit any videotape rental or sales establishment from releasing statistical information and other data regarding the circulation or use of videotape rental or sales materials, provided, however, that the identity of the renters or purchasers of such videotape rental or sales materials shall be considered confidential and shall not be disclosed to the general public except as provided in paragraph II. In the case of mail order sales, such statistical information and other data may include the names and addresses of persons who have purchased videotapes and the subject matter of such videotapes, as long as no other information about the videotapes, including title and content, is disclosed.