Skip to main content
Menu Icon Menu Icon

InfoBytes Blog

Financial Services Law Insights and Observations

FCC proposes new reporting on telecom data breaches

Federal Issues Privacy/Cyber Risk & Data Security FCC Data Breach Agency Rule-Making & Guidance

Federal Issues

On January 12, the FCC announced that it shared, among the FCC staff, a notice of proposed rulemaking (NPRM) to strengthen the rules for notifying consumers and federal law enforcement of breaches of customer proprietary network information. According to the FCC, the NPRM “would better align the Commission’s rules with recent developments in federal and state data breach laws covering other sectors,” and “further advances the FCC’s efforts to ensure its rules keep pace with evolving cybersecurity threats and to protect consumers in the face of today’s challenges.” The NPRM outlines certain updates to current FCC rules that address telecommunications carriers’ breach notification requirements, including: (i) “[e]liminating the current seven business day mandatory waiting period for notifying customers of a breach”; (ii) “[e]xpanding customer protections by requiring notification of inadvertent breaches”; and (iii) “[r]equiring carriers to notify the Commission of all reportable breaches in addition to the FBI and U.S. Secret Service.” The NPRM solicits feedback regarding whether the FCC should require customer breach notices to include specific categories of information “to help ensure they contain actionable information useful to the consumer.” According to FCC Chairwoman Jessica Rosenworcel, current laws “need updating to fully reflect the evolving nature of data breaches and the real-time threat they pose to affected consumers.”