EPIC: Courts Agree That Location Data Is Customer Proprietary Network Information
The courts have spoken, upholding the FCC’s stance that cellphone location data is customer proprietary network information regulated by the agency, the Electronic Privacy Information Center said Tuesday. “It feels like a rare treat these days to be able to share positive updates related to our privacy and cybersecurity work,” EPIC said. “The journey to get to this point has been quite a saga, spanning well over five years.”
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The group noted decisions by the U.S. Court of Appeals for the D.C. Circuit upholding a fine against T-Mobile for not protecting the data, as well as a decision by the 2nd Circuit upholding a fine against Verizon (see 2509100056). While the FCC lost in the 5th Circuit on its fine against AT&T, the right-wing circuit didn’t find that location data isn’t customer proprietary network information, EPIC noted. “Even the Fifth Circuit, despite finding in favor of AT&T on Jarkesy issues, noted that: ‘No one denies the Commission’s authority to enforce laws requiring telecommunications companies like AT&T to protect sensitive customer data,’” it said. "The DC Circuit and Second Circuit said largely the same thing.”