§ 4.04.604 RIGHT OF PRIVACY OF SUBSCRIBERS.
   (A)   Grantee shall not tap, monitor or permit any other person to tap or monitor any cable, line, signal input device or subscriber outlet or receive for any purpose whatsoever without the express written consent of the subscriber or a court order therefor; provided, however, that grantee shall be entitled to conduct system-wide or individually addressed "sweeps" for the purpose of verifying system integrity, controlling return path transmission, or checking for unauthorized connections to cable system or service levels or billing or pay services.
   (B)   Except for its own internal use, grantee shall not permit its cable system to be used for data collection purposes, nor shall it otherwise collect data which would reveal the commercial product or other preferences or options of any individual subscriber or its family members, guests, licensees or employees. Grantee shall not reveal or permit the release or sale of individual subscriber data; but may reveal or permit the release or sale of aggregate data.
   (C)   Grantee shall not reveal individual subscriber preferences, viewing habits, beliefs, philosophy, creeds or religious beliefs to any third person, firm, agency, governmental unit or investigating agency without court order or prior written consent of such subscriber. Grantee shall not condition the delivery of cable services to any subscriber upon receipt of such consent.
   (D)   Such consent, if given, shall be limited to a period of time not to exceed one year.
   (E)   Any subscriber may at any time, with or without cause, immediately revoke without penalty or cost any consent that such subscriber may have previously provided grantee by delivering to grantee in writing a substantial indication of his or her intent to so revoke.
   (F)   Grantee shall not reveal, sell, or permit the release or sale of subscriber information without prior written consent of the city. If such consent is given, the city may place reasonable conditions thereon; provided that grantee may use its subscriber list as necessary for the construction, marketing, and maintenance of such cable television services and facilities as may be authorized by the franchise, and the concomitant billing of subscribers for said services.
   (G)   Grantee shall at all times comply with the "protection of subscriber privacy" provisions of the Cable Act, and all other state and federal regulations concerning subscriber privacy.
(Ord. 4315, passed 11-12-96)