On May 25, 2012, the Federal Communications Commission (“FCC”) announced that it is seeking comments on the privacy and security of information stored on mobile communications devices. Comments will be due 30 days after the notice is published in the Federal Register, and reply comments are due 45 days after the notice is published.
The FCC has long focused on protecting the privacy of customer information under section 222 of the Communications Act of 1934, as amended. Five years ago, the FCC sought comments on how carriers protect customer proprietary network information (“CPNI”). In the interim, many technological advances have been made and the FCC would like to update the administrative record. Commenters are encouraged to provide feedback on how wireless providers’ treatment of customer information stored on mobile devices has since evolved. Additionally, among other topics, the public is encouraged to comment on the role of privacy by design, the role of consumers in protecting their data, and wireless providers’ obligations to protect customer information.