PRIA, Government Policy, Made Personal

Summary

Telecom companies must protect private business and customer information they get from others. If one carrier gets another carrier’s secret business data to provide a service, it can only use that data to deliver that service and cannot use it to sell its own products. When a carrier gets customer-specific network information from providing a service, it may only use or share that information to provide that service or things needed to provide it (for example making directories), unless the law requires it or the customer agrees. If a customer asks in writing, the carrier must give that customer’s network information to anyone the customer names. Carriers may use or share information that has had all identifying details removed. Carriers may also use customer network data to bill, stop fraud, provide certain live help during calls with the caller’s permission, and in limited ways to help with emergency response and location during life‑threatening situations. Carriers that offer local phone service must give out subscriber list information for directory publishing on fair, open terms. Location and crash‑alert data generally need the customer’s clear permission except for the emergency uses above. Definitions (one line each): customer proprietary network information — customer‑specific facts about service use and billing; aggregate information — group data with no IDs; subscriber list information — published names, numbers, addresses, or ad categories; public safety answering point — place that takes emergency calls; emergency services — 9‑1‑1 and public alerts; emergency support services — data or database help used for emergencies.

Title 47, §222

Telegraphs, Telephones, and Radiotelegraphs, Source: USLM XML via OLRC

(a)In general

Every telecommunications carrier has a duty to protect the confidentiality of proprietary information of, and relating to, other telecommunication carriers, equipment manufacturers, and customers, including telecommunication carriers reselling telecommunications services provided by a telecommunications carrier.

(b)Confidentiality of carrier information

A telecommunications carrier that receives or obtains proprietary information from another carrier for purposes of providing any telecommunications service shall use such information only for such purpose, and shall not use such information for its own marketing efforts.

(c)Confidentiality of customer proprietary network information

(1)Privacy requirements for telecommunications carriers

Except as required by law or with the approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories.

(2)Disclosure on request by customers

A telecommunications carrier shall disclose customer proprietary network information, upon affirmative written request by the customer, to any person designated by the customer.

(3)Aggregate customer information

A telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service may use, disclose, or permit access to aggregate customer information other than for the purposes described in paragraph (1). A local exchange carrier may use, disclose, or permit access to aggregate customer information other than for purposes described in paragraph (1) only if it provides such aggregate information to other carriers or persons on reasonable and nondiscriminatory terms and conditions upon reasonable request therefor.

(d)Exceptions

Nothing in this section prohibits a telecommunications carrier from using, disclosing, or permitting access to customer proprietary network information obtained from its customers, either directly or indirectly through its agents—

(1)to initiate, render, bill, and collect for telecommunications services;

(2)to protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services;

(3)to provide any inbound telemarketing, referral, or administrative services to the customer for the duration of the call, if such call was initiated by the customer and the customer approves of the use of such information to provide such service; and

(4)to provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d) of this title) or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)—

(A)to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the user’s call for emergency services;

(B)to inform the user’s legal guardian or members of the user’s immediate family of the user’s location in an emergency situation that involves the risk of death or serious physical harm; or

(C)to providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency.

(e)Subscriber list information

Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format.

(f)Authority to use location information

For purposes of subsection (c)(1), without the express prior authorization of the customer, a customer shall not be considered to have approved the use or disclosure of or access to—

(1)call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d) of this title) or the user of an IP-enabled voice service (as such term is defined in section 615b of this title), other than in accordance with subsection (d)(4); or

(2)automatic crash notification information to any person other than for use in the operation of an automatic crash notification system.

(g)Subscriber listed and unlisted information for emergency services

Notwithstanding subsections (b), (c), and (d), a telecommunications carrier that provides telephone exchange service or a provider of IP-enabled voice service (as such term is defined in section 615b of this title) shall provide information described in subsection (i)(3)(A) (including information pertaining to subscribers whose information is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other carriers) on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the delivery of emergency services.

(h)Definitions

As used in this section: (1) Customer proprietary network information

(2)Aggregate information

The term “aggregate customer information” means collective data that relates to a group or category of services or customers, from which individual customer identities and characteristics have been removed.

(3)Subscriber list information

The term “subscriber list information” means any information—

(A)identifying the listed names of subscribers of a carrier and such subscribers’ telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and

(B)that the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format.

(4)Public safety answering point

The term “public safety answering point” means a facility that has been designated to receive emergency calls and route them to emergency service personnel.

(5)Emergency services

The term “emergency services” means 9–1–1 emergency services and emergency notification services.

(6)Emergency notification services

The term “emergency notification services” means services that notify the public of an emergency.

(7)Emergency support services

The term “emergency support services” means information or data base management services used in support of emergency services.

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 222, act

June 19, 1934, ch. 652, title II, § 222, as added Mar. 6, 1943, ch. 10, § 1, 57 Stat. 5; amended

July 12, 1960, Pub. L. 86–624, § 36, 74 Stat. 421; Nov. 30, 1974, Pub. L. 93–506, § 2, 88 Stat. 1577; Dec. 24, 1980, Pub. L. 96–590, 94 Stat. 3414; Dec. 29, 1981, Pub. L. 97–130, § 2, 95 Stat. 1687, related to competition among record carriers, prior to repeal by Pub. L. 103–414, title III, § 304(a)(6), Oct. 25, 1994, 108 Stat. 4297.

Amendments

2008—Subsec. (d)(4). Pub. L. 110–283, § 301(1), inserted “or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)” after “section 332(d) of this title)” in introductory provisions. Subsec. (f). Pub. L. 110–283, § 301(2), struck out “wireless” before “location” in heading. Subsec. (f)(1). Pub. L. 110–283, § 301(1), inserted “or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)” after “section 332(d) of this title)”. Subsec. (g). Pub. L. 110–283, § 301(3), inserted “or a provider of IP-enabled voice service (as such term is defined in section 615b of this title)” after “telephone exchange service”. 1999—Subsec. (d)(4). Pub. L. 106–81, § 5(1), added par. (4). Subsecs. (f), (g). Pub. L. 106–81, § 5(2), added subsecs. (f) and (g). Former subsec. (f) redesignated (h). Subsec. (h). Pub. L. 106–81, § 5(2)–(4), redesignated subsec. (f) as (h), inserted “location,” after “destination,” in par. (1)(A), and added pars. (4) to (7).

§222 Privacy of Customer Information