The Federal Communications Commission (FCC) filed a Public Notice (the Notice) seeking comments on 'Privacy and Security of Information Stored on Mobile Communications Devices', on 25 May 2012.
The Notice was filed jointly with the Wireline Competition Bureau, Wireless Telecommunications Bureau, and Office of General Counsel. Following the publication of the Notice in the Federal Register, the public will have 30 days to submit comments and 45 days to reply to any comment submitted.
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The FCC states that technologies and business practices have evolved dramatically, and it is seeking comments 'regarding the privacy and data security practices of mobile wireless service providers with respect to customer information stored on their users' mobile communications devices, and the application of existing privacy and security requirements to that information.'
Following recent events concerning mobile services providers' collection and usage of consumer information through mobile services and the FCC staff inquiry of those practices, as published on 25 May 2012 in the FCC Staff Report 'Location-Based Services: An Overview of Opportunities and Other Considerations', the FCC is seeking to 'refresh the record…concerning the practices of mobile wireless services providers with respect to information stored on their customers’ mobile communications devices'.
More specifically, the Notice seeks public comments on the applicability and significance of telecommunications carriers' duty 'to protect the confidentiality of proprietary information of, and relating to … customers' (s 222(a), The Communications Act 1934) and the duty to protect Customer Proprietary Network Information (CPNI) (s 222(c), The Communications Act 1934) as the FCC is responsible in enforcing these obligations.
Lisa Hone, spokesperson for the Wireline Competition Bureau, confirmed that the Notice has not yet been published in the Federal Register.