Telecommunications Consumer Data: A Privacy Update

The privacy of consumer telephone records continues to be the subject of scrutiny at both the judicial and regulatory levels in Washington. This Alert provides an update on this issue.

By way of background, Congress and the Federal Communications Commission (the "FCC") took significant steps in 2007 to tighten the security of customer telephone records - particularly in light of well-publicized cases involving efforts to steal customer information via the tactic known as "pretexting." Congress added a new section to the Communications Act imposing a duty on telecommunications carriers to protect the confidentiality of customer information. The legislation also imposed criminal penalties for pretexting.