The franchisee shall strictly observe the privacy and property rights of subscribers. The subscriber’s rights of privacy shall be protected at all times by the franchisee, individual subscriber preferences, viewing habits, beliefs, philosophy, creeds, religions, or political beliefs shall not be revealed to any person, firm, agency, governmental unit, police department, or investigating agency unless upon the authority of a court of law or upon prior voluntary valid written authorization of the subscriber, which shall not in any event be required as a condition of receiving service.
(A) Without the authorization described herein, neither the franchisee nor any other person shall, in any manner, activate, utilize, or otherwise operate any channel from a subscriber’s location.
(B) Every subscriber shall have the absolute right to deactivate the return path from the subscriber’s receiver at the franchisee’s sole cost.
(C) The franchisee shall not tabulate any test results, nor permit the use of its cable communications system for such tabulation, which would reveal the commercial product preferences or opinions of subscribers, members of their families or their invitees, licensees, or employees.
(D) Violation of any provision of this section shall be considered a material breach of this chapter and any agreement or chapter awarding a franchise in accordance herewith and shall subject the franchisee to all penalties and remedies prescribed in this chapter as well as all other legal or equitable remedies available to the city.
(E) Each compilation, publication, tabulation, or other dissemination of each piece of information made or permitted to be made in violation of this section shall be considered a separate violation of this chapter.
(F) A subscriber may, at any time, revoke any authorization previously made by delivering to the franchisee, in writing, a substantial indication of his or her intent to so revoke. Any such revocation shall be effective on receipt by the franchisee.
(2008 Code, § 5.08.150)