FCC Seeks Comments, Suggestions for Ensuring Consumer Privacy
The Federal Communications Commission has released a public notice (pdf) asking for comments on “questions about the use of personal information and privacy in an online, broadband world” that were raised in a letter by the Center for Democracy and Technology. Comments are due by Friday, January 22, a little more than a week from now. See below for information on how to file.
The questions the FCC wants comments on are:
Meeting Consumer Expectations of Privacy. The Commission has received comments suggesting that the use of personal information remains central to the success of many of the technologies considered, yet trust in these technologies depends on the ability to meet basic consumer expectations of privacy. The Commission invites further comment on this issue, including:
1. What principles and standards should be considered to help articulate existing consumer expectations of privacy?
2. What can federal agencies do to help ensure that consumer expectations of privacy are met as new technologies platforms are developed?
3. Are there industry best practices or regulatory models that are useful in helping to ensure that can be adapted across technology platforms to ensure that users are protected while allowing for the proper use of personal information?
Building Privacy by Design. The Commission would like further comment on ways to promote the development of technologies that protect privacy as they also utilize data.
1. How can information be de-identified, encrypted, psuedonymized or used in the aggregate in ways that are useful to help protect privacy? How can the best of these methods be determined for a particular application?
2. What data minimization principles should be used for different types of data? How can these be built into the technology?
3. How can identity management systems be developed to help provide more direct user controls over personal information across platforms? In particular, how can these systems be designed so that the user is an equal partner to the relying party and the identity provider?
4. Are there existing technical standards that can help to promote privacy by design?
5. What can the federal government do to help promote privacy by design?
Creation and Use of Transactional Data. Broadband applications create new sets of data about transactions including potentially the exact time, place and manner that could lead to the discovery of actions of individuals in public or in their homes. The Commission has received comments about concerns surrounding the collection, use and storage of this information and would appreciate further comment on this issue, including:
1. Are certain types of transactional data (location information, health data, etc) more sensitive than others? Should limits be placed on the retention or use of some of this data in ways that are not required today?
2. Are the current rules on government access and use of transactional data held by government agencies sufficient to ensure that this data cannot be abused?
Third-Party Applications. Many of the new platforms created for the use of broadband, such as those for energy grid and personal health records, would allow third party applications to be created to provide services for users. This use of third party applications has raised questions about the role of self-regulation and government regulation in promoting a trustworthy marketplace. The Commission would like further thoughts on the following areas:
1. What responsibilities do companies that create new platforms that vet third party applications create for themselves? Would holding the platform provider liable for the actions of third-party application that violate basic privacy and security standards create incentives to ensure that consumer privacy is protected? Would it stifle innovation? Is there a middle ground that can protect consumers and ensure innovation?
How to file comments:
Comments may be filed using (1) the Commission’s Electronic Comment Filing System (ECFS), (2) the Federal Government’s eRulemaking Portal, or (3) by filing paper copies. Comments can be filed through the Commission’s ECFS filing interface located at the following Internet address: http://www.fcc.gov/cgb/ecfs/. Comments can also be filed via the Federal eRulemaking Portal: http://www.regulations.gov. In completing the transmittal screen, commenters should include their full name, U.S. Postal Service mailing address, and the applicable docket or rulemaking number. Parties who choose to file by paper must file an original and four copies of each filing. If more than one docket or rulemaking number appears in the caption of this proceeding, filers must submit two additional copies for each additional docket or rulemaking number.
- All comments should refer to GN Docket Nos. 09-47, 09-51, and 09-137.
- Please title comments responsive to this Notice as “Comments —NBP Public Notice # 29.”
- Filers using the Commission’s Electronic Comment Filing System (ECFS) should enter the following text in the “Custom Description” field in the “Document(s)” section of the ECFS filing page: “Comments – NBP Public Notice #29”.
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