HOUSE BILL AMENDED BY THE SENATE

1990 SESSION 3809B

90-2398

HOUSE BILL NO. 1152

INTRODUCED BY: Rep. Spear of Cheshire Dist. 13

REFERRED TO: Commerce, Small Business and Consumer Affairs

AN ACT relative to confidentiality of information regarding videotape rentals.

AMENDED ANALYSIS

This bill exempts videotape rental and sales records from public disclosure under the right-to-know law. Under this bill, such records may only be disclosed in very limited circumstances.

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EXPLANATION: Matter added appears in bold italics.

Matter removed appears in [brackets].

Matter which is repealed and reenacted or all new appears in regular type.

3809B

90-2398

HOUSE BILL AMENDED BY THE SENATE

HB 1152

STATE OF NEW HAMPSHIRE

In the year of Our Lord one thousand

nine hundred and ninety

AN ACT

relative to confidentiality of information

regarding videotape rentals.

Be it Enacted by the Senate and House of Represen-

tatives in General Court convened:

1 Videotape Rental Records Exempt. Amend RSA 91-A:5, IV to read as follows:

IV. Records pertaining to internal personnel practices; confidential, commercial, or financial information; test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examinations; and personnel, medical, welfare, library user, videotape sale or rental, and other files whose disclosure would constitute invasion of privacy. Without otherwise compromising the confidentiality of the files, nothing in this paragraph shall prohibit a body or agency from releasing information relative to health or safety from investigative files on a limited basis to persons whose health or safety may be affected.

2 New Chapter; Confidential Videotape Rental and Sales Records. Amend RSA by inserting after chapter 351 the following new chapter:

CHAPTER 351-A

VIDEOTAPE RENTAL AND SALES RECORDS

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;

(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.

3 Effective Date. This act shall take effect 60 days after its passage.