Be sure to check out our most recent advisory by K.C. Halm noting the issuance of an FCC public notice that seeks updated comments on mobile service providers’ privacy and data security practices, focusing on how they affect customer-specific information stored on mobile handsets, smartphones, tablets and other wireless devices. The inquiry follows revelations that certain wireless providers use diagnostics firm Carrier IQ’s software to capture network and end-user information for network diagnostic purposes, which has been the subject of litigation, as well as Congressional and regulatory inquiries.
The FCC’s notice poses numerous questions, including the degree of notice and choice afforded consumers, how data storage practices serve carriers’ and their customers’ needs, whether and to what extent current practices create data security risks or vulnerabilities, and how relevant provisions of the Communications Act and FCC rules apply in this context. You can read more here.