![]() The FCC also just announced a proposal to create privacy rules for broadband internet (which we will write on separately). This investigation and settlement demonstrates that the FCC is ramping up its privacy and information security enforcement efforts, amidst a flurry of other recent activity in this area from the CFPB, FDA, HHS, and, of course, the FTC. Submit annual compliance reports to the FCC for 3 years.Ĭompanies considering engaging in consumer monitoring or tracking activities should always consider whether any law does – or conceivably could – prohibit or restrict that practice.Develop a compliance plan that, among other things – (a) ensures its users provide prior opt-in consent to the use of UIDH and have the right to opt-out at any time, (b) requires Verizon to generate UIDH in compliance with reasonable and accepted security standards, (c) ensures that Verizon discloses its practices and use of UIDH in its privacy policies and FAQs.The Compliance Officer or its direct reports must be “privacy certified by an industry certifying organization and keep current through appropriate continuing privacy education courses.” Designate a senior corporate manager as the Compliance Officer to ensure Verizon’s compliance with the terms of the Consent Decree.Verizon cooperated with the FCC’s investigation and updated its consumer-facing documents during the course of the investigation to disclose its UIDH practices. Although the FCC did not provide more specific details regarding its allegations, section 222 requires carriers to protect customers’ proprietary information and to use that information only for authorized purposes, and the Open Internet Transparency Rule requires various public disclosures regarding an internet service provider’s practices. ![]() The FCC alleged that that Verizon’s use of supercookies without consumer consent violated section 222 of the Communications Act and section 8.3 of the Open Internet Transparency Rule. The FCC began its investigation in December 2014 after news articles called attention to Verizon’s practices and the FCC received consumer complaints. The FCC contends that at least one third party was able to use the UIDH to restore cookies that consumers had deleted from their browsers. Verizon allegedly had begun inserting Unique Identifier Headers (“UIDH”) - the supercookies - into its wireless customers’ HTTP requests since at least December 2012, but did not disclose this practice to consumers for nearly two years. In this post, we analyze the settlement and some of its unique features. The FCC announced last week that it reached a settlement with Verizon Wireless (“Verizon”) over its use of “supercookies.” More specifically, the FCC alleged that Verizon inserted unique identifiers into the headers of its customers’ HTTP requests to support its targeted advertising programs, and that customers had not consented to this practice. By on MaPosted in Compliance and risk management, Regulatory response
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |