Last month the Federal Communications Commission (“FCC”) closed the comment period for its proposed privacy regulations, which we previously wrote about here. The million dollar question on everyone’s minds is whether the final regulations will be broader or narrower in scope than the initial proposal, which included not only a significant expansion of the definition of personal information, but also sweeping new obligations and raised serious questions in areas where the obligations could become even stricter still. Accordingly, companies subject to the new regulations are bracing for tighter FCC Enforcement Bureau scrutiny of broad data collection and handling practices.
The Federal Communications Commission (“FCC”) recently issued a proposed set of privacy regulations that, if passed, will have broad implications for broadband providers, as well as for the companies that collect or receive information from them. We recently authored an article in Law360 that outlines the key elements of the FCC’s Notice of Proposed Rulemaking (“NPRM”), includes some of the questions that the FCC is seeking comment on regarding the proposed regulations, and identifies how the regulations may impact business models and practices for companies that are not Internet Service Providers.
This month, the Federal Communications Commission (FCC) will consider issuing a Notice of Proposed Rulemaking (NPRM) for privacy regulations that will apply to broadband providers. The goals and objectives of the proposed regulations, which will be offered by FCC Chairman Wheeler, are outlined in a short document that the FCC released. The proposed regulations will likely contain strict privacy requirements that broadband providers have never before been subject to under federal law.
On November 13, 2015, the Federal Trade Commission and the Federal Communications Commission entered into a Memorandum of Understanding to address coordination of consumer protection actions by each agency. Following a wave of what observers perceive as a turf battle between the FTC and FCC (namely the reclassification of broadband internet access services as a common carrier service outside the FTC’s jurisdiction), and a dramatic increase in FCC data security regulatory enforcement actions, the MOU suggests that the FTC and FCC are in fact serious about cooperation and collaboration, especially on data security issues. Although organizations have better transparency and predictability in the enforcement landscape, they should also anticipate more sophisticated investigations based on richer data and improved investigative techniques.