While the FCC left many definitional and interpretive issues to regulated entities, the agency has been publicly increasing pressure on telecommunications carriers to do more to protect consumer data. The FCC has long regulated CPNI at the express direction from Congress in Section 222 of the Communications Act, enacted in 1996. The FCC’s Existing CPNI Rules and Enforcement Role Comments will be due 30 days after publication in the Federal Register, and reply comments are due 60 days after publication. There are many complex issues raised in the NPRM, which we analyze below. Notably, the NPRM asks whether the Communications Act gives the Commission the authority to establish breach reporting obligations for customer Social Security Numbers (SSNs) and financial records possessed by telecommunications carriers. § 64.2011 – including proposals to: expand the definition of the term “breach” to include accidental access, use, or disclosure require breach notification to the FCC, FBI, and Secret Service “as soon as practicable” after the discovery of a breach eliminate the mandatory seven-business-day waiting period prior to customer notification and adopt minimum requirements that must be contained in CPNI breach notices made to customers and extend the same proposed changes to the CPNI breach reporting rule to the Telecommunications Relay Services (TRS) breach reporting rule – 47 C.F.R. The NPRM proposes substantial changes to the Commission’s customer proprietary network information (CPNI) breach reporting rules – 47 C.F.R. This long-awaited NPRM proposes major changes to the FCC’s regulation of customer data and takes place against a backdrop of substantial federal and state activity on incident and data breach reporting, including at the Federal Trade Commission, the Department of Homeland Security and the Securities and Exchange Commission.įCC Chairwoman Jessica Rosenworcel first placed this item on circulation on Janu– nearly one year ago. 2That documentation shall enable the supervisory authority to verify compliance with this Article.On January 6, 2023, the Federal Communications Commission (FCC or Commission) released its Data Breach Reporting Requirements NPRM ( NPRM) after adopting the item by a 4-0 vote on December 28, 2022. 1The controller shall document any personal data breaches, comprising the facts relating to the personal data breach, its effects and the remedial action taken. Where, and in so far as, it is not possible to provide the information at the same time, the information may be provided in phases without undue further delay.describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects.describe the likely consequences of the personal data breach.communicate the name and contact details of the data protection officer or other contact point where more information can be obtained.describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of personal data records concerned.The notification referred to in paragraph 1 shall at least:.The processor shall notify the controller without undue delay after becoming aware of a personal data breach. 2Where the notification to the supervisory authority is not made within 72 hours, it shall be accompanied by reasons for the delay. 1In the case of a personal data breach, the controller shall without undue delay and, where feasible, not later than 72 hours after having become aware of it, notify the personal data breach to the supervisory authority competent in accordance with Article 55, unless the personal data breach is unlikely to result in a risk to the rights and freedoms of natural persons.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |