Who has rights to phone records?

[SHRED]

RW'ers claim they are sold frequently while others say you need a court order.

Which one is it?

[Vincardog]

1. it is against the law for the Telecoms to give the info to anybody

without a court order.

[Warpy]

2. Anyone with a phone book can get names and numbers

and lists of names and numbers are routinely sold among telemarketers. However, the records of calls and charges belong to the phone company until and unless someone provides a warrant for specific information about specific people.

That's the difference.

[havocmom]

3. Saw ads offering records of calls for sale this morning on the web

You sure it isn't still legal to sell that info? Is it legal to sell it if you are a party who bought it from the phone company before (if) it was made illegal for the phone companies to sell it?

And, if that is legal, could phone companies set up dummy companies and still sell the info via them?

Phew, I'm dizzy.

[Kagemusha]

4. Oh some companies were doing it, sure.

And they got in some serious hot water when they were exposed.

[On the Road]

5. Call Records Have Always Been Private

What right-wingers are correct in pointing to is that cell phone records have sometimes been sold. However, even that is clearly illegitimate. There's nothing they can point to that this is public information.

The supposed distinction between eavesdropping and call records is also a red herring. Eavesdropping is worse, but call records are clearly protected by privacy rights. There's a very long history.

[Coexist]

6. FCC

http://www.fcc.gov/cgb/consumerfacts/phoneaboutyou.html

What Information Does Your Telephone Company Collect?

Your local, long distance and wireless telephone companies collect information such as the numbers you call and when you call them, as well as the particular services you use, such as call forwarding or voice mail. Telephone companies collect this customer information, sometimes called Customer Proprietary Network Information (CPNI), so they can provide the services you have requested and send you bills for this service.

What Can Your Telephone Company Do With This Information?

Both a law passed by Congress and Federal Communications Commission rules impose a general duty on telephone companies to protect the confidentiality of your customer information. Telephone companies may use, disclose, or permit access to your customer information in these circumstances: (1) as required by law; (2) with your approval; and (3) in providing the service from which the customer information is derived.

FCC rules require your telephone company to disclose your customer information to any person you designate if you make a request in writing. Your telephone company may use your customer information, without your approval, to market enhancements to services you already use. For example, if you purchase basic local telephone service from a telephone company, it does not need your approval to use your customer information to try to sell you voice mail or caller ID services. However, if you ask your telephone company to put your residential telephone number on its company-specific do-not-call list, it cannot legally make these calls.

If your telephone company uses your customer information for other marketing, it must obtain your approval to do so. The company may request your approval orally, in writing, or electronically. The request must contain specific disclosures about how your telephone company will use your customer information. The company can request your approval using one of two methods:

1) “Opt-Out” – Your telephone company sends you a notice saying it will consider you to have given your approval to use your customer information for marketing unless you tell it not to do so (usually within 30 days.)

2) “Opt-In” – Your telephone company sends you a notice asking that you expressly give it permission to use your customer information for marketing.

Your telephone company must obtain your “opt-out” or “opt-in” approval before it can share your customer information within the company to sell you services you don’t already purchase, i.e., to sell you wireless service if you only subscribe to local and long distance service. If your telephone company obtains your “opt-out” or “opt-in” approval, it may also disclose your customer information, for the purpose of marketing communications-related services, to its agents, affiliates, joint venture partners and independent contractors that provide communications-related services. To disclose your customer information to agents, affiliates, joint venture partners, or independent contractors that do not provide communications-related services, or to any other third parties, your telephone company must obtain your “opt-in” approval. If your telephone company discloses your customer information to joint venture partners or independent contractors, it must enter into agreements with them to keep your customer information confidential.

What Must Your Telephone Company Do To Keep Your Information Confidential?

The FCC requires your telephone company to keep accurate records of all instances where your customer information was disclosed or provided to third parties, and whether or not you have provided approval to use your customer information for marketing. Telephone companies must train their employees in the appropriate use of customer information. Marketing campaigns using customer information must be carefully reviewed. The FCC requires telephone companies to prepare annual compliance certificates signed by an officer of the company certifying that the company has established operating procedures that are adequate to ensure compliance with these rules. The compliance certificates must be made publicly available.


What Is The FCC Doing To Keep Your Telephone Company From Disclosing Your Information?

In addition to these rules, the FCC is exploring whether new or stronger rules may be necessary to protect your customer information. The FCC investigates consumer complaints about unauthorized or unlawful disclosure of customer information, and, if it finds a violation, can issue citations and propose fines. The FCC recently proposed $100,000 fines on telephone companies with inadequate certifications regarding compliance with FCC rules protecting customer information from disclosure.


The FCC also works closely with the Federal Trade Commission (FTC) to prevent the unlawful sale or distribution of customer information by data brokers or Web sites. Telephone companies also have sued data brokers to prevent the unlawful sale or distribution of customer information.

You are an important part of the FCC’s efforts to keep telephone companies from unlawfully disclosing your customer information. If you suspect that your customer information may have been disclosed without your permission, first contact your telephone company to inform it of your concern. If you don’t think your customer information is being protected adequately, file an informal complaint to help the FCC determine if there is a problem. You can file a complaint with the FCC by e-mail ([email protected]), the Internet (http://www.fcc.gov/cgb/complaints.html), telephone 1-888-CALL-FCC (1-888-225-5322) voice or 1-888-TELL-FCC (1-888-835-5322) TTY, or mail.

If mailing a complaint, send it to:

Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th Street, SW
Washington, DC 20554.

How Can I Help Prevent Unauthorized Disclosure of My Information?

If you think your customer information has been disclosed without your permission, contact your telephone company right away. Also, file a complaint with the FCC.

Ask your telephone company to provide information about what it does to protect the confidentiality of your customer information.

Read your telephone bill and any other notices you receive from your telephone company carefully. Determine if your telephone company is seeking opt-in or opt-out permission to use or share your customer information for marketing.

Make your choice about sharing your customer information clear to your telephone company. The choice you make about how your customer information is used and shared is valid until you inform your telephone company that your choice has changed.

If you use a password when contacting your telephone company to obtain your customer information, avoid using any sensitive or readily apparent information, such as your social security number.

Remember: Customer information rules apply to all telephone companies: local, long distance, and wireless. Make your customer information choices known to each company.

For more information on telephone company issues, visit www.fcc.gov/cgb or call us at 1-888-CALL-FCC (1-888-225-5322) (voice) and 1-888-TELL-FCC (1-888-835-5322) (TTY).

For this or any other consumer publication in an accessible format
(electronic ASCII text, Braille, large print, or audio) please write or call us
at the address or phone number below, or send an e-mail to [email protected].

To receive information on this and other FCC consumer topics through the Commission's
electronic subscriber service, click on http://www.fcc.gov/cgb/contacts/.

This document is for consumer education purposes only and is not intended to
affect any proceeding or cases involving this subject matter or related issues.

03/01/06

[SHRED]

7. Thanks