Updates on Developments in Data Privacy and Cybersecurity
Earlier today, two entities — the Direct Marketing Association (“DMA”) and a Coalition of Mobile Engagement Providers (“Coalition”) — filed petitions at the FCC asking the agency to stay and forbear from enforcing, or clarify, certain aspects of the “prior express written consent” requirement that went into effect yesterday for prerecorded calls…
Continue Reading Petitions to Forbear or Clarify New FCC TCPA Rules Filed
Last week, I spoke on a panel at the IAPP Privacy Academy about upcoming changes to FCC regulations governing the “prior express consent” requirement for, among other things, autodialed promotional text message and prerecorded call programs under the Telephone Consumer Protection Act (TCPA). These changes will take effect next week…
Recent news that the U.S. Justice Department obtained telephone records for two months covering more than 100 journalists working for the Associated Press has prompted lawmakers to propose new statutes meant to strengthen protections against the kinds of requests that our Jeff Kosseff described as “undermin[ing]” the “entire Fourth Estate.”Continue Reading New Statutes Proposed in the Wake of AP Spying Scandal
Germany has passed a law which amends several existing laws, including the Telecommunications Act, clarifying in particular the obligations of telecommunications providers to disclose customer data to law enforcement authorities. The existing disclosure obligations relate to “customer data”, which is data of subscribers collected for the purpose of establishing, regulating the contents of, modifying or terminating a contract for telecommunications services; customer data includes the name or address of the customer, telephone numbers as well as PIN, PUK and passwords.
This new law was required following a ruling by Germany’s Supreme Court last year. The Court had declared some of the existing provisions as unconstitutional and only allowed their continued application until the end of June 2013. The new law will enter into force on 1 July 2013, just in time before the expiry of this transitional period.Continue Reading Green Light for Important Changes to German Telecommunications Laws
As a reminder, telecommunications carriers must submit their annual certifications regarding customer proprietary network information (CPNI) by March 1. CPNI is private customer information concerning telecommunications. Telecommunications carriers and providers of interconnected Voice over Internet Protocol (VoIP) must certify annually to the FCC that they comply with their obligations to protect and limit disclosure of CPNI.Continue Reading CPNI Certifications Due on March 1
