Privacy Rules

Privacy Rules

        “Protecting the Privacy of Customers of Broadband and Other Telecommunications Services”1. This is the full title of the FCC ruling that I have chosen to research. It governs internet privacy and gives consumers the right to choose more options in how their personal information is being used by internet service providers. Our world is becoming more and more technologically advanced and more people are relying on technology, more than ever, to gather information, communicate and conduct business transactions. Today, there are many ways internet service providers gather our personal information and consumers reserve the right to choose what information is shared and how it is used.

        The first question that one might ask when hearing about this ruling is, “What kind of information is the FCC talking about”. The FCC has divided the consent of personal information of consumers into two categories, Opt-in and Opt-out. First, internet service providers will be required to obtain express permission from consumers, or “opt-in”, before being able to share sensitive information. Information that is classified as sensitive is as follows: “Precise geo-location (typically the real world location of a mobile phone or other device), children’s information, health information, financial information, social security numbers, web browsing history, app usage history, the content of communication”2. Second, internet service providers will still be able to share non-sensitive information unless the consumer specifically requests otherwise or “opts out”.

This ruling does come with a few exceptions as well. When it comes to bill collection and providing internet services, no further consent is required. Consent is also inferred when it comes to protecting internet service providers and the consumers from fraudulent activity. Internet service providers are also required to notify consumers and the FCC, no later than 30 days after the breach has occurred, if there has been a breach and consumer information has been released without permission. The ruling prohibits “take-it-or-leave-it”2 offers. This means providers are unable to refuse service based on the user’s decision to withhold consent to the providers use of personal information. The ruling also raises concerns over whether internet service providers will raise or lower prices depending on if the consumer consents to the use of personal information, sensitive or non-sensitive. The FCC will look at individual cases as they come up.

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