The FCC privacy rule published December 2, 2016 contains more than one implementation clock. Its general effective date is January 3, 2017, while section 64.2005, covering data security, is effective March 2. Several information-collection provisions require Office of Management and Budget approval. Neither publication nor that approval alone means every obligation starts together. [2016-28006][2016-08458]

The final text gives notice and choice the later of eight weeks after announcement of paperwork approval or twelve months after Federal Register publication. Breach notification uses the later of eight weeks after that announcement or six months after publication. Small carriers receive an additional twelve months for notice and customer approval. These are different implementation conditions, not interchangeable descriptions of one deadline. [2016-28006][2016-08458]

The April 20 proposal had asked how transparency, customer choice and security should apply to broadband providers. It explained the connection: customers need to understand collection and use before giving permission. The final rule chooses a sensitivity-based structure, generally requiring opt-in for sensitive information and opt-out for nonsensitive information, while retaining statutory exceptions such as providing service. [2016-28006][2016-08458]

Browsing histories and precise location information sit within the sensitive category. The adopted framework also addresses reasonable security and harmful breaches. Reading the proposal beside the final text shows the development of those obligations; it does not supply independent confirmation of their effectiveness. As of this historical coverage date, the distinction to preserve is between an adopted design and the later conditions governing its implementation. [2016-28006][2016-08458]

Source documents

  1. Protecting the Privacy of Customers of Broadband and Other Telecommunications Serviceshttps://www.govinfo.gov/content/pkg/FR-2016-12-02/html/2016-28006.htm
  2. Protecting the Privacy of Customers of Broadband and Other Telecommunications Serviceshttps://www.govinfo.gov/content/pkg/FR-2016-04-20/html/2016-08458.htm