2. A video tape seller shall disclose personally identifiable information concerning any consumer:

1. (a) to a grand jury pursuant to a grand jury subpoena;

2. (b) pursuant to a court order, in a civil proceeding upon a showing of compelling need for the information that cannot be accommodated by any other means, or in a criminal proceeding upon a showing of legitimate need for the information that cannot be accommodated by any other means, if:

   1. (i) the consumer is given reasonable notice, by the person seeking the disclosure, of the court proceeding relevant to the issuance of the court order;
   2. (ii) the consumer is afforded the opportunity to appear and contest the claim of the person seeking the disclosure; and
   3. (iii) the court imposes appropriate safeguards against unauthorized disclosure;
3. (c) to a law enforcement agency pursuant to a warrant lawfully obtained under the laws of this state or the United States; or
4. (d) to a court pursuant to a civil action for conversion commenced by the video tape seller or to enforce collection for unpaid video tapes, and then only to the extent necessary to establish the fact of the sale. Notwithstanding the foregoing, a court shall impose appropriate safeguards against unauthorized disclosure.

3. A video tape seller may disclose personally identifiable information concerning any consumer:

1. (a) to the consumer;

2. (b)

   1. (i) to any person with the informed, written consent of the consumer; or

   2. (ii) to any person if the disclosure is solely of the names and addresses of consumers and if:

      1. (1) the video tape seller has provided the consumer with the opportunity, in a clear and conspicuous manner, to prohibit such disclosure. The consumer is advised of such opportunity by means of a sign posted in full and clear view of the consumer at the point of sale, if such seller maintains a retail sales outlet; and
      2. (2) the disclosure does not identify the title, description, or subject matter of any video tapes or other audio visual material; however, the subject matter of such materials may be disclosed if the disclosure is for the exclusive use of marketing goods and services directly to the consumer; or
3. (c) to any person if the disclosure is incident to the ordinary course of business of the video tape service provider.