47 CFR 64.2011 - BIAS offers conditioned on waiver of privacy rights.

§ 64.2011 BIAS offers conditioned on waiver of privacy rights.

(a) A BIAS provider must not condition, or effectively condition, provision of BIAS on a customer's agreement to waive privacy rights guaranteed by law or regulation, including this subpart. A BIAS provider must not terminate service or otherwise refuse to provide BIAS as a direct or indirect consequence of a customer's refusal to waive any such privacy rights.

(b) A BIAS provider that offers a financial incentive, such as lower monthly rates, in exchange for a customer's approval to use, disclose, and/or permit access to the customer's proprietary information must do all of the following:

(1) Provide notice explaining the terms of any financial incentive program that is clear and conspicuous, and in language that is comprehensible and not misleading. Such notice must be provided both at the time the program is offered and at the time a customer elects to participate in the program. Such notice must:

(i) Explain that the program requires opt-in approval to use, disclose, and/or permit access to customer PI;

(ii) Include information about what customer PI the provider will collect, how it will be used, and with what categories of entities it will be shared and for what purposes;

(iii) Be easily accessible and separate from any other privacy notifications, including but not limited to any privacy notifications required by this subpart;

(iv) Be completely translated into a language other than English if the BIAS provider transacts business with the customer in that language; and

(v) Provide at least as prominent information to customers about the equivalent service plan that does not necessitate the use, disclosure, or access to customer PI beyond that required or permitted by law or regulation, including under this subpart.

(2) Obtain customer opt-in approval in accordance with § 64.2004(c) for participation in any financial incentive program.

(3) If customer opt-in approval is given, the BIAS provider must make available a simple, easy-to-use mechanism for customers to withdraw approval for participation in such financial incentive program at any time. Such mechanism must be clear and conspicuous, in language that is comprehensible and not misleading, and must be persistently available on or through the carrier's Web site; the carrier's application (app), if it provides one for account management purposes; and any functional equivalent to the carrier's homepage or app. If a carrier does not have a Web site, it must provide a persistently available mechanism by another means such as a toll-free telephone number.

Effective Date Note:
At 81 FR 87343, Dec. 2, 2016, § 64.2011, paragraph (b) was revised. This paragraph contains information collection and recordkeeping requirements and will not become effective until approval has been given by the Office of Management and Budget.

Title 47 published on 09-May-2017 04:29

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 47 CFR Part 64 after this date.

  • 2017-05-17; vol. 82 # 94 - Wednesday, May 17, 2017
    1. 82 FR 22625 - Advanced Methods To Target and Eliminate Unlawful Robocalls
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      Proposed rule.
      Comments are due on or before July 3, 2017, and reply comments are due on or before July 31, 2017.
      47 CFR Part 64