On October 27, the FCC adopted privacy rules regulating consumers’ use of broadband internet services. As previously covered in InfoBytes, the FCC issued revised proposed privacy rules for broadband internet service providers (ISPs) in early October to provide consumers with “increased choice, transparency and security online.” Like the proposed rules, the adopted rules (i) require ISPs to obtain confirmative consent to use and share sensitive information; and (ii) permit ISPs to share non-sensitive information unless a customer opts-out.

Because the scope of the rules is limited to broadband service providers and other telecommunication carriers, the FTC maintains its authority over the privacy practices of websites and other “edge services.” In support of the newly adopted FCC rules, FTC Chairwoman commented that “[t]he rules will provide robust privacy protections, including protecting sensitive information such as consumers’ social security numbers, precise geolocation data, and content of communications, and requiring reasonable data security practices."