2010 Pennsylvania Code
Title 18 - CRIMES AND OFFENSES
Chapter 57 - Wiretapping and Electronic Surveillance
5742 - Disclosure of contents and records.

     § 5742.  Disclosure of contents and records.
        (a)  Prohibitions.--Except as provided in subsection (b) and
     (c):
            (1)  A person or entity providing an electronic
        communication service to the public shall not knowingly
        divulge to any person or entity the contents of a
        communication while in electronic storage by that service:
                (i)  On behalf of, and received by means of
            electronic transmission from, or created by means of
            computer processing of communications received by means
            of electronic transmission from, a subscriber or customer
            of the service.
                (ii)  Solely for the purpose of providing storage or
            computer processing services to the subscriber or
            customer, if the provider is not authorized to access the
            contents of any such communication for the purpose of
            providing any services other than storage or computer
            processing.
            (2)  A person or entity providing remote computing
        service to the public shall not knowingly divulge to any
        person or entity the contents of any communication which is
        carried or maintained on that service:
                (i)  On behalf of, and received by means of
            electronic transmission from, or created by means of
            computer processing of communications received by means
            of electronic transmission from, a subscriber or customer
            of the service.
                (ii)  Solely for the purpose of providing storage or
            computer processing services to the subscriber or
            customer, if the provider is not authorized to access the
            contents of any such communication for the purpose of
            providing any services other than storage or computer
            processing.
            (3)  A person or entity providing an electronic
        communication service or remote computing service to the
        public shall not knowingly divulge a record or other
        information pertaining to a subscriber to, or customer of,
        the service.
        (b)  Exceptions.--A person or entity may divulge the contents
     of a communication:
            (1)  to an addressee or intended recipient of the
        communication or an agent of the addressee or intended
        recipient;
            (2)  as otherwise authorized in section 5704(1) (relating
        to prohibition of interception and disclosure of
        communications), 5708 (relating to order authorizing
        interception of wire, electronic or oral communications) or
        5743 (relating to governmental access);
            (3)  with the lawful consent of the originator or an
        addressee or intended recipient of the communication, or the
        subscriber in the case of remote computing service;
            (4)  to a person employed or authorized or whose
        facilities are used to forward the communication to its
        destination;
            (5)  as may be necessarily incident to the rendition of
        the service or to the protection of the rights or property of
        the provider of the service; or
            (6)  to a law enforcement agency, if the contents:
                (i)  Were inadvertently obtained by the service
            provider.
                (ii)  Appear to pertain to the commission of a crime.
        (c)  Exceptions for disclosure of records or other
     information.--A person or entity may divulge a record or other
     information pertaining to a subscriber to, or customer of, the
     service if any of the following paragraphs apply:
            (1)  A record or other information may be divulged
        incident to any service or other business operation or to the
        protection of the rights or property of the provider.
            (2)  A record or other information may be divulged to any
        of the following:
                (i)  An investigative or law enforcement official as
            authorized in section 5743.
                (ii)  The subscriber or customer upon request.
                (iii)  A third party, upon receipt from the requester
            of adequate proof of lawful consent from the subscriber
            to, or customer of, the service to release the
            information to the third party.
                (iv)  A party to a legal proceeding, upon receipt
            from the party of a court order entered under subsection
            (c.1). This subparagraph does not apply to an
            investigative or law enforcement official authorized
            under section 5743.
            (3)  Notwithstanding paragraph (2), a record or other
        information may be divulged as authorized by a Commonwealth
        statute or as authorized by a Commonwealth regulatory agency
        with oversight over the person or entity.
            (4)  Subject to paragraph (2), a record or other
        information may be divulged as authorized by Federal law or
        as authorized by a Federal regulatory agency having oversight
        over the person or entity.
        (c.1)  Order for release of records.--
            (1)  An order to divulge a record or other information
        pertaining to a subscriber or customer under subsection
        (c)(2)(iv) must be approved by a court presiding over the
        proceeding in which a party seeks the record or other
        information.
            (2)  The order may be issued only after the subscriber or
        customer received notice from the party seeking the record or
        other information and was given an opportunity to be heard.
            (3)  The court may issue a preliminary order directing
        the provider to furnish the court with the identity of or
        contact information for the subscriber or customer if the
        party does not possess this information.
            (4)  An order for disclosure of a record or other
        information shall be issued only if the party seeking
        disclosure demonstrates specific and articulable facts to
        show that there are reasonable grounds to believe that the
        record or other information sought is relevant and material
        to the proceeding. In making its determination, the court
        shall consider the totality of the circumstances, including
        input of the subscriber or customer, if any, and the likely
        impact of the provider.
     (Oct. 9, 2008, P.L.1403, No.111, eff. imd.)

        2008 Amendment.  Act 111 amended the section heading and
     subsec. (a) intro. par. and added subsecs. (a)(3), (c) and
     (c.1).
        Cross References.  Section 5742 is referred to in section
     5746 of this title.