Use and Disclosure Limits -- Telephone Transactional Data

A federal law specifically protects telephone transactional data:

"Except as required by law or with the approval of the customer, a telecommunications carrier that receives or obtains customer proprietary network information by virtue of its provision of a telecommunications service shall only use, disclose, or permit access to individually identifiable customer proprietary network information in its provision of (A) the telecommunications service from which such information is derived, or (B) services necessary to, or used in, the provision of such telecommunications service, including the publishing of directories." 47 U.S.C. 222 (c)(1)

The law provides that non-identifiable information about system usage can be shared: A telecommunications carrier may use, disclose, or permit access to aggregate customer information. A local exchange carrier may use, disclose, or permit access to aggregate customer information only if it provides such aggregate information to other carriers or persons on reasonable and nondiscriminatory terms and conditions upon reasonable request therefor. 47 U.S.C. 222 (c)(3).

Transactional data can also be disclosed pursuant to customer request or authorization:

• General: Customers may request disclosures. "A telecommunications carrier shall disclose customer proprietary network information, upon affirmative written request by the customer, to any person designated by the customer." 47 U.S.C. 222 (c)(2)
• Wireless Location Information: Unless a customer has given express prior authorization, a customer shall not be considered to have approved the use or disclosure of or access to: (1) call location information for commercial users (except as allowed by (d)(4)); (2) automatic crash notification information to any person other than for use in the operation of an automatic crash notification system. 47 U.S.C. 222 (f)

A telecommunications carrier can use and disclose customer proprietary network information that it obtained from its customers, either directly or indirectly through its agents to bill and collect for providing of service, to protect the rights or property of the provider, and to protect customers from fraudulent or unlawful use of the services; to provide customer approved services on customer initiated calls; and to provide call location information in emergency situations. 47 U.S.C. 222 (d)(4)

Subscriber List Information: "Telecommunications carrier that provides telephone exchange service shall provide subscriber list information gathered in its capacity as a provider of such service on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions, to any person upon request for the purpose of publishing directories in any format," subject to any restrictions imposed by this chapter. 47 U.S.C. 222 (e)

Emergencies: "a telecommunications carrier that provides telephone exchange service shall provide information... (including information pertaining to subscribers whose information is unlisted or unpublished) that is in its possession or control (including information pertaining to subscribers of other carriers) on a timely and unbundled basis, under nondiscriminatory and reasonable rates, terms, and conditions to providers of emergency services, and providers of emergency support services, solely for purposes of delivering or assisting in the delivery of emergency services." 47 U.S.C. 222 (g)