47 USC 222 - Privacy of customer information

U.S Code last checked for updates: May 13, 2024

§ 222.

Privacy of customer information

(a)

In general

(b)

Confidentiality of carrier information

(c)

Confidentiality of customer proprietary network information

(1)

Privacy requirements for telecommunications carriers

(2)

Disclosure on request by customers

(3)

Aggregate customer information

(d)

Exceptions

Nothing in this section prohibits a telecommunications carrier from using, disclosing, or permitting access to customer proprietary network information obtained from its customers, either directly or indirectly through its agents—

(1)

to initiate, render, bill, and collect for telecommunications services;

(2)

to protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services;

(3)

to provide any inbound telemarketing, referral, or administrative services to the customer for the duration of the call, if such call was initiated by the customer and the customer approves of the use of such information to provide such service; and

(4)

to provide call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d) of this title) or the user of an IP-enabled voice service (as such term is defined in section 615b of this title)—

(A)

to a public safety answering point, emergency medical service provider or emergency dispatch provider, public safety, fire service, or law enforcement official, or hospital emergency or trauma care facility, in order to respond to the user’s call for emergency services;

(B)

to inform the user’s legal guardian or members of the user’s immediate family of the user’s location in an emergency situation that involves the risk of death or serious physical harm; or

(C)

to providers of information or database management services solely for purposes of assisting in the delivery of emergency services in response to an emergency.

(e)

Subscriber list information

(f)

Authority to use location information

For purposes of subsection (c)(1), without the express prior authorization of the customer, a customer shall not be considered to have approved the use or disclosure of or access to—

(1)

call location information concerning the user of a commercial mobile service (as such term is defined in section 332(d) of this title) or the user of an IP-enabled voice service (as such term is defined in section 615b of this title), other than in accordance with subsection (d)(4); or

(2)

automatic crash notification information to any person other than for use in the operation of an automatic crash notification system.

(g)

Subscriber listed and unlisted information for emergency services

(h)

Definitions

As used in this section:

(1)

Customer proprietary network information

The term “customer proprietary network information” means—

(A)

information that relates to the quantity, technical configuration, type, destination, location, and amount of use of a telecommunications service subscribed to by any customer of a telecommunications carrier, and that is made available to the carrier by the customer solely by virtue of the carrier-customer relationship; and

(B)

information contained in the bills pertaining to telephone exchange service or telephone toll service received by a customer of a carrier;

except that such term does not include subscriber list information.

(2)

Aggregate information

(3)

Subscriber list information

The term “subscriber list information” means any information—

(A)

identifying the listed names of subscribers of a carrier and such subscribers’ telephone numbers, addresses, or primary advertising classifications (as such classifications are assigned at the time of the establishment of such service), or any combination of such listed names, numbers, addresses, or classifications; and

(B)

that the carrier or an affiliate has published, caused to be published, or accepted for publication in any directory format.

(4)

Public safety answering point

(5)

Emergency services

(6)

Emergency notification services

(7)

Emergency support services

(June 19, 1934, ch. 652, title II, § 222, as added Pub. L. 104–104, title VII, § 702, Feb. 8, 1996, 110 Stat. 148; amended Pub. L. 106–81, § 5, Oct. 26, 1999, 113 Stat. 1288; Pub. L. 110–283, title III, § 301, July 23, 2008, 122 Stat. 2625.)

cite as: 47 USC 222