Telecommunications

A growing area of privacy litigation concerns claims brought under federal and state wiretapping laws against website operators.  In many of those cases, plaintiffs allege that their personal information was improperly intercepted and disclosed to third parties, including in relation to information purportedly provided through a website’s chat feature.  Last month, a federal court in

Following up on its initial notice from last September, the Federal Communications Commission (the Commission) has released a draft Report and Order and Further Notice of Proposed Rulemaking to address unwanted text messages that “invade consumer privacy and are vehicles for consumer fraud and identity theft.” The Commission will consider adopting the proposed rules at

Congratulations to Privacy World’s Kristin Bryan and Stephanie Faber, recognized as Legal Influencers (Q3 and Q4, respectively) by Lexology. Both lawyers were recognized regionally in the Technology, Media and Telecommunications category (TMT), with Kristin being acknowledged for the US and Stephanie for Europe. Lexology Legal Influencers recognizes industry thought leaders each quarter who

The Federal Communications Commission (FCC) has unanimously adopted a Notice of Proposed Rulemaking (NPRM) to revise its requirements related to data breach reporting requirements applicable to telecommunications carriers and interconnected Voice over Internet Protocol providers. The proposal seeks to “strengthen the Commission’s rules for notifying customers and federal law enforcement of breaches of customer proprietary network information (CPNI).” CPNI is data on the subscribers’ telephone usage as originally defined in Section 222 of the Communications Act. The Commission’s aim is “to better align its rules with recent developments in federal and state data breach laws covering other sectors.”

Continue Reading Federal Communications Commission Proposes Revisions to Data Breach Rules 

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

Third Time Lucky or Schrems III? The European Union Data Pact with the US Moves One Step Closer (To

In case you missed it, below are recent posts from Consumer Privacy World covering the latest developments on data privacy, security and innovation. Please reach out to the authors if you are interested in additional information.

English Courts’ Stance on Low-Value Data Breach Claims Continues to Harden, But There May be Hiccups Along the Way

In a decision on October 27, 2022, the European Court of Justice has clarified the operators’ obligations regarding consent and the right to object in relation to public directories and information services.

Legal Context

The ePrivacy Directive contains several provisions relating to public directories and information services of telecommunications operators.

In particular, EU Member States

As of March 1, 2023, a series of restrictions on telephone solicitation will be added to those already in place in France.

Opening hours

Telephone canvassing will only be possible on weekdays (excluding public holidays) and only from 10 a.m. to 1 p.m. and from 2 p.m. to 8 p.m.

This measure applies even to

The UK’s Electronic Communications (Security Measures) Regulations 2022 (the Regulations) came into force on 1 October 2022, together with the Telecommunications Security Code of Practice (the Code of Practice). The Regulations reflect the increased risk of cyber-attack and data breaches, whether for criminal purposes or by potentially hostile states. They supplement general duties imposed on providers of public electronic communications networks and services by the Communications Act 2003, sections 105A and 105C, and provide Ofcom with new powers to monitor and enforce enhanced obligations affecting:

  • providers of public electronic communications networks (“network providers”); and
  • providers of public electronic communications services (“service providers”).


Continue Reading Protecting Electronic Communications Networks and Services from Cyber-Attack and Data Breach: Enhanced Obligations and Board-level Accountability