2017 Michigan Compiled Laws
Chapter 445 - Trade and Commerce
Act 378 of 1988 PRESERVATION OF PERSONAL PRIVACY (445.1711 - 445.1715)
Section 445.1712 Record or information concerning purchase, lease, rental, or borrowing of books or other written materials, sound recordings, or video recordings; disclosure of customer identification prohibited; exception.

Universal Citation: MI Comp L § 445.1712 (2017)
445.1712 Record or information concerning purchase, lease, rental, or borrowing of books or other written materials, sound recordings, or video recordings; disclosure of customer identification prohibited; exception.

Sec. 2.

(1) Subject to subsection (2) and except as provided in section 3 or as otherwise provided by law, a person, or an employee or agent of the person, engaged in the business of selling at retail, renting, or lending books or other written materials, sound recordings, or video recordings shall not knowingly disclose to any person, other than the customer, a record or information that personally identifies the customer as having purchased, leased, rented, or borrowed those materials from the person engaged in the business.

(2) This section does not apply to the disclosure of a record or information that has been aggregated or has been processed in a manner designed to prevent its association with an identifiable customer.

History: 1988, Act 378, Eff. Mar. 30, 1989 ;-- Am. 2016, Act 92, Eff. July 31, 2016

Compiler's Notes: Enacting section 2 of Act 92 of 2016 provides:"Enacting section 2. This amendatory act is curative and intended to clarify that the prohibitions on disclosing information contained in 1988 PA 378, MCL 445.1711 to 445.1715, do not prohibit disclosing information if it is incident to the ordinary course of business of the person disclosing the information, including marketing goods and services to customers or potential customers when written notice is provided, and that a civil action for a violation of those prohibitions may only be brought by a customer who has suffered actual damages as a result of the violation."
Popular Name: Video Rental Privacy Act

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