Wheeler Revised Privacy Proposal; Order Set for Oct. 27 Vote
FCC Chairman Tom Wheeler shifted gears on ISP privacy, refocusing proposed rules on protecting only “sensitive” information, he confirmed in a blog post Thursday. The change was expected, and along the lines of what we had reported this week. Under his proposal, circulated for an Oct. 27 commissioner vote, ISPs would have to obtain opt-in consent before using or sharing sensitive information. The agency also issued a fact sheet.
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Information to be considered “sensitive” includes “geo-location information, children’s information, health information, financial information, social security numbers, web browsing history, app usage history, and the content of communications such as the text of emails,” Wheeler said. “All other individually identifiable information would be considered non-sensitive, and the use and sharing of that information would be subject to opt-out consent.”
Wheeler stressed that the FCC-revised approach “aligns with consumer expectations and is in harmony with other key privacy frameworks and principles -- including those outlined by the FTC and the Administration’s Consumer Privacy Bill of Rights. The proposed rules are designed to evolve with changing technologies, and would provide consumers with ways to easily adjust their privacy preferences over time.” The FTC had raised major concerns about Wheeler's initial proposal, which would have required opt-in consent for ISPs to use or share most of the data they collect from subscribers.
Early reaction from pro-privacy stakeholders was positive, including from Sen. Ed Markey, D-Mass., and from Public Knowledge. USTelecom said it couldn't comment right away, and NCTA didn't have an immediate comment.