FCC’s Rosenworcel Circulates New Carrier Data Breach Reporting Obligations

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In response to recent security breaches, FCC Chairwoman Jessica Rosenworcel shared with her colleagues for an upcoming vote a Notice of Proposed Rulemaking (NPRM) that would begin the process of strengthening the Commission’s rules for notifying customers and federal law enforcement of breaches of customer proprietary network information. The agency says the updates would better align its rules with recent developments in federal and state data breach laws covering other sectors.

“Current law already requires telecommunications carriers to protect the privacy and security of sensitive customer information. But these rules need updating to fully reflect the evolving nature of data breaches and the real-time threat they pose to affected consumers,” said Rosenworcel.  

“Customers deserve to be protected against the increase in frequency, sophistication, and scale of these data leaks, and the consequences that can last years after an exposure of personal information,” she added. “I look forward to having my colleagues join me in taking a fresh look at our data breach reporting rules to better protect consumers, increase security, and reduce the impact of future breaches.”

The proposal outlines several updates to current FCC rules addressing telecommunications carriers’ breach notification requirements. These include:

  • Eliminating the current seven business day mandatory waiting period for notifying customers of a breach;
  • Expanding customer protections by requiring notification of inadvertent breaches; and
  • Requiring carriers to notify the Commission of all reportable breaches in addition to the FBI and U.S. Secret Service.

The increasing frequency and severity of security breaches involving customer information can have lasting detrimental impacts on the economy and on consumers whose information has been improperly exposed, according to the Commission. To reduce the risk of this harm, in September, the FCC proposed rules targeting SIM swapping scams and port-out fraud, Inside Towers reported. 

The Notice of Proposed Rulemaking further advances the FCC’s efforts to ensure its rules keep pace with evolving cybersecurity threats and to protect consumers. The proposal also aims to ensure that the Commission and other federal law enforcement agencies receive the information they need in a timely manner so they can mitigate and prevent harm and take action to reduce the likelihood of future incidents.  

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