Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
. For example, the new rules cover more types of data and expands the definition of a "breach" to include inadvertent access, use, or disclosure, as many state data breach notification laws do.
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The Federal Communications Commission (FCC) is upping the game a
bit for data breaches incurred by telecommunications carriers,
coming closer to the requirements under most state breach
notification laws. For example, the new rules cover more types of
data and expands the definition of a "breach" to include
inadvertent access, use, or disclosure, as many state data breach
notification laws do.
Under the new rules, most telecommunications carriers will have
to notify the FCC as well as the U.S. Secret Service and FBI
through a central reporting facility. However, the new rules also
add an element of harm requirement for notice to consumers -
telecommunications carriers will not be required to notify
consumers if they reasonably determine that there will not be any
harm to the consumer or when the breach only involves encrypted
data (and the encryption key is still secure) - again mirroring
many state data breach notification laws. While the previous rules
required the telecommunications carriers to wait before notifying
affected consumers, notification now matches many state laws in
requiring notice to consumers "without unreasonable
delay" after notification to the FCC and law enforcement
agencies, and generally within 30 days of the reasonable
determination of the breach.
WASHINGTON, December 13, 2023—The Federal Communications
Commission today adopted rules to modify the Commission's
16-year-old data breach notification rules to ensure that providers
of telecommunications, interconnected Voice over Internet Protocol
(VoIP), and telecommunications relay services (TRS) adequately
safeguard sensitive customer information. Today's action would
hold phone companies accountable for protecting sensitive customer
information, while enabling customers to protect themselves in the
event that their data is compromised.
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Foley & Lardner LLP looks beyond the law to focus on the constantly evolving demands facing our clients and their industries. With over 1,100 lawyers in 24 offices across the United States, Mexico, Europe and Asia, Foley approaches client service by first understanding our clients’ priorities, objectives and challenges. We work hard to understand our clients’ issues and forge long-term relationships with them to help achieve successful outcomes and solve their legal issues through practical business advice and cutting-edge legal insight. Our clients view us as trusted business advisors because we understand that great legal service is only valuable if it is relevant, practical and beneficial to their businesses.
