The Federal Communications Commission (“FCC”) has released a Public Notice seeking comments on the steps wireless phone carriers are taking to protect the privacy and data security of customer information that is stored on consumers’ mobile devices and on how existing laws apply to the carriers’ information practices. 

Section 222 of the Communications Act and the FCC’s implementing regulations restrict how phone carriers may use and disclose customer proprietary network information (the so-called “CPNI Rules”).  These carriers also must take reasonable steps to protect their customers’ private information. 

The FCC considered this issue five years ago in 2007, but noted that carriers’ more recent use of software embedded or preinstalled on wireless devices to collect information about the performance of the device and the carriers’ networks created a “need to refresh [the] record.” 

Comments are due 30 days after the Public Notice is published in the Federal Register, and reply comments are due 15 days later. 

Print:
Email this postTweet this postLike this postShare this post on LinkedIn
Photo of Lindsey Tonsager Lindsey Tonsager

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the…

Lindsey Tonsager helps national and multinational clients in a broad range of industries anticipate and effectively evaluate legal and reputational risks under federal and state data privacy and communications laws.

In addition to assisting clients engage strategically with the Federal Trade Commission, the U.S. Congress, and other federal and state regulators on a proactive basis, she has experience helping clients respond to informal investigations and enforcement actions, including by self-regulatory bodies such as the Digital Advertising Alliance and Children’s Advertising Review Unit.

Ms. Tonsager’s practice focuses on helping clients launch new products and services that implicate the laws governing the use of endorsements and testimonials in advertising and social media, the collection of personal information from children and students online, behavioral advertising, e-mail marketing, artificial intelligence the processing of “big data” in the Internet of Things, spectrum policy, online accessibility, compulsory copyright licensing, telecommunications and new technologies.

Ms. Tonsager also conducts privacy and data security diligence in complex corporate transactions and negotiates agreements with third-party service providers to ensure that robust protections are in place to avoid unauthorized access, use, or disclosure of customer data and other types of confidential information. She regularly assists clients in developing clear privacy disclosures and policies―including website and mobile app disclosures, terms of use, and internal social media and privacy-by-design programs.