In re-launching the inquiry into carriers' data privacy and security practices, the FCC argues that not informing customers about the software or its data practices may have violated the carriers' responsibility pursuant to Section 222 of the Communications Act of 1934 to protect customer data "that is made available to a carrier solely by virtue of the carrier-customer relationship." The law allows such data to be used only in "limited circumstances," a term which is not defined in Section 222. It appears that one of the goals of the renewed inquiry is for the FCC to define the scope of the "limited circumstances."
Employees are increasingly using (and demanding to use) their personal devices to store and process their employer's data, and connect to their networks. This "Bring Your Own Device" trend is in full swing, whether companies like it or not. Some organizations believe that BYOD will allow them to avoid significant hardware, software and IT support costs. Even if cost-savings is not the goal, most companies believe that processing of company data on employee personal devices is inevitable and unavoidable.Unfortunately, BYOD raises significant data security and privacy concerns, which can lead to potential legal and liability risk. This blogpost identifies and explores some of the key privacy and security legal concerns associated with BYOD, including "reasonable" BYOD security, BYOD privacy implications, and security and privacy issues related to BYOD incident response and investigations.
On May 10, 2011, the Senate Subcommittee on Privacy, Technology and the Law held a hearing on mobile privacy. We covered the hearing in detail on our blog. Yesterday, InfoLawGroup partner Boris Segalis spoke with Fox Live's Tracy Byrnes about the balance between business and consumer interests that mobile privacy implicates.The clip from the interview is available on Fox at http://video.foxnews.com/v/4689248/the-congressional-mobile-privacy-hearing/?playlist_id=86861