47 U.S.C. § 222 : US Code - Section 222: Privacy of customer information

Search 47 U.S.C. § 222 : US Code - Section 222: Privacy of customer information

    (a) In general
      Every telecommunications carrier has a duty to protect the
    confidentiality of proprietary information of, and relating to,
    other telecommunication carriers, equipment manufacturers, and
    customers, including telecommunication carriers reselling
    telecommunications services provided by a telecommunications
    carrier.
    (b) Confidentiality of carrier information
      A telecommunications carrier that receives or obtains proprietary
    information from another carrier for purposes of providing any
    telecommunications service shall use such information only for such
    purpose, and shall not use such information for its own marketing
    efforts.
    (c) Confidentiality of customer proprietary network information
      (1) Privacy requirements for telecommunications carriers
        Except as required by law or with the approval of the customer,
      a telecommunications carrier that receives or obtains customer
      proprietary network information by virtue of its provision of a
      telecommunications service shall only use, disclose, or permit
      access to individually identifiable customer proprietary network
      information in its provision of (A) the telecommunications
      service from which such information is derived, or (B) services
      necessary to, or used in, the provision of such
      telecommunications service, including the publishing of
      directories.
      (2) Disclosure on request by customers
        A telecommunications carrier shall disclose customer
      proprietary network information, upon affirmative written request
      by the customer, to any person designated by the customer.
      (3) Aggregate customer information
        A telecommunications carrier that receives or obtains customer
      proprietary network information by virtue of its provision of a
      telecommunications service may use, disclose, or permit access to
      aggregate customer information other than for the purposes
      described in paragraph (1). A local exchange carrier may use,
      disclose, or permit access to aggregate customer information
      other than for purposes described in paragraph (1) only if it
      provides such aggregate information to other carriers or persons
      on reasonable and nondiscriminatory terms and conditions upon
      reasonable request therefor.
    (d) Exceptions
      Nothing in this section prohibits a telecommunications carrier
    from using, disclosing, or permitting access to customer
    proprietary network information obtained from its customers, either
    directly or indirectly through its agents - 
        (1) to initiate, render, bill, and collect for
      telecommunications services;
        (2) to protect the rights or property of the carrier, or to
      protect users of those services and other carriers from
      fraudulent, abusive, or unlawful use of, or subscription to, such
      services;
        (3) to provide any inbound telemarketing, referral, or
      administrative services to the customer for the duration of the
      call, if such call was initiated by the customer and the customer
      approves of the use of such information to provide such service;
      and
        (4) to provide call location information concerning the user of
      a commercial mobile service (as such term is defined in section
      332(d) of this title) or the user of an IP-enabled voice service
      (as such term is defined in section 615b of this title) - 
          (A) to a public safety answering point, emergency medical
        service provider or emergency dispatch provider, public safety,
        fire service, or law enforcement official, or hospital
        emergency or trauma care facility, in order to respond to the
        user's call for emergency services;
          (B) to inform the user's legal guardian or members of the
        user's immediate family of the user's location in an emergency
        situation that involves the risk of death or serious physical
        harm; or
          (C) to providers of information or database management
        services solely for purposes of assisting in the delivery of
        emergency services in response to an emergency.
    (e) Subscriber list information
      Notwithstanding subsections (b), (c), and (d) of this section, a
    telecommunications carrier that provides telephone exchange service
    shall provide subscriber list information gathered in its capacity
    as a provider of such service on a timely and unbundled basis,
    under nondiscriminatory and reasonable rates, terms, and
    conditions, to any person upon request for the purpose of
    publishing directories in any format.
    (f) Authority to use location information
      For purposes of subsection (c)(1) of this section, without the
    express prior authorization of the customer, a customer shall not
    be considered to have approved the use or disclosure of or access
    to - 
        (1) call location information concerning the user of a
      commercial mobile service (as such term is defined in section
      332(d) of this title) or the user of an IP-enabled voice service
      (as such term is defined in section 615b of this title), other
      than in accordance with subsection (d)(4) of this section; or
        (2) automatic crash notification information to any person
      other than for use in the operation of an automatic crash
      notification system.
    (g) Subscriber listed and unlisted information for emergency
      services
      Notwithstanding subsections (b), (c), and (d) of this section, a
    telecommunications carrier that provides telephone exchange service
    or a provider of IP-enabled voice service (as such term is defined
    in section 615b of this title) shall provide information described
    in subsection (i)(3)(A) (!1) of this section (including information
    pertaining to subscribers whose information is unlisted or
    unpublished) that is in its possession or control (including
    information pertaining to subscribers of other carriers) on a
    timely and unbundled basis, under nondiscriminatory and reasonable
    rates, terms, and conditions to providers of emergency services,
    and providers of emergency support services, solely for purposes of
    delivering or assisting in the delivery of emergency services.

    (h) Definitions
      As used in this section:
      (1) Customer proprietary network information
        The term "customer proprietary network information" means - 
          (A) information that relates to the quantity, technical
        configuration, type, destination, location, and amount of use
        of a telecommunications service subscribed to by any customer
        of a telecommunications carrier, and that is made available to
        the carrier by the customer solely by virtue of the carrier-
        customer relationship; and
          (B) information contained in the bills pertaining to
        telephone exchange service or telephone toll service received
        by a customer of a carrier;

      except that such term does not include subscriber list
      information.
      (2) Aggregate information
        The term "aggregate customer information" means collective data
      that relates to a group or category of services or customers,
      from which individual customer identities and characteristics
      have been removed.
      (3) Subscriber list information
        The term "subscriber list information" means any information - 
          (A) identifying the listed names of subscribers of a carrier
        and such subscribers' telephone numbers, addresses, or primary
        advertising classifications (as such classifications are
        assigned at the time of the establishment of such service), or
        any combination of such listed names, numbers, addresses, or
        classifications; and
          (B) that the carrier or an affiliate has published, caused to
        be published, or accepted for publication in any directory
        format.
      (4) Public safety answering point
        The term "public safety answering point" means a facility that
      has been designated to receive emergency calls and route them to
      emergency service personnel.
      (5) Emergency services
        The term "emergency services" means 9-1-1 emergency services
      and emergency notification services.
      (6) Emergency notification services
        The term "emergency notification services" means services that
      notify the public of an emergency.
      (7) Emergency support services
        The term "emergency support services" means information or data
      base management services used in support of emergency services.