Yesterday, FCC Chairwoman Jessica Rosenworcel circulated a Notice of Proposed Rulemaking (“NPRM”) with her colleagues on the Commission to update the agency’s rules for notifying customers and federal law enforcement of breaches involving customer proprietary network information (“CPNI”). According to a press release, the proposed “updates would better align the Commission’s rules with recent developments in federal and state data breach laws covering other sectors.”
The Chairwoman’s proposal is significant because it signals a potentially more active FCC in consumer protection as the Democrats solidify control of the agency following the Presidential transition and Chairwoman Rosenworcel’s elevation from Acting Chair to Chair. The scope of the proposal appears to be fairly narrow (based on the limited information currently available) but represents the second CPNI-related action proposed in the past three months. Once a fifth commissioner is confirmed, Chairwoman Rosenworcel may be able to press a broader consumer protection agenda for the agency.