FCC Declares Information On Mobile Devices May Qualify As CPNI

On June 27, 2013, the Federal Communications Commission issued a Declaratory Ruling clarifying that telecommunications carriers have a duty to protect customer proprietary network information (CPNI) that carriers cause to be stored on their customers' mobile devices when carriers or their designees have access to or control over that information. The Commission did not adopt nor propose any new rules related to CPNI, but clarified the applicability of existing rules to information stored on mobile devices.

Section 222 of the Communications Act of 1934, as amended, requires communications providers to protect consumers' sensitive personal information to which they have access as a result of their unique position as network operators. The most specific obligations concern CPNI, which includes information about a customer's use of the service that is made available to the carrier by virtue of the carrier-customer relationship. The Commission has previously explained