Duty LXD-7292
Provides telecom services, in Micronesia
FSM Telecommunications Act of 2014, confidentiality of customer information and communicationssince 5 lines
FSM Telecommunications Act of 2014 (Public Law No. 18-52), Title 21 of the FSM Code, sections 349 and 350 · Read the law's page
- Do not collect, use, maintain or disclose information about a customer for any purpose without the customer's consent, and apply appropriate security safeguards against collection, use, maintenance or disclosure without that consent.
- Permit a customer to inspect your records regarding the communications service you provide to that customer, and promptly correct or remove information that is shown to be incorrect.
- On a customer's request, disclose the purpose of requesting or collecting any information about that customer, and do not use or maintain customer information for undisclosed purposes.
- Ensure that the customer information you disclose or retain is accurate and complete for the purposes for which it is used.
- Take all reasonable steps to keep your customers' communications confidential, and do not divulge information concerning a customer's communications without the customer's prior consent unless required by law or authorized by the Authority.
FSM Telecommunications Act of 2014, Security Safeguards for Customer Informationsince 2 lines
ยง 349(1)(b), Title 21 (Telecommunications), Chapter 3, FSM Code, as inserted by Public Law No. 18-52 (2014) · Read the law's page
- Apply appropriate security safeguards to prevent the collection, use, maintenance, or disclosure of a customer's information without the customer's consent.
- Expect a contravention of this duty to be prosecuted as a general offence: a natural person faces a fine of up to $50,000 and imprisonment of up to one year, plus up to $10,000 for each day the offence continues, and a corporation or other entity faces a fine of up to 5% of its gross revenue in the prior financial year, plus up to $100,000 for each day the offence continues.
- This reaches you where you hold an operating or spectrum licence to provide a communications network or communications service in the Federated States of Micronesia, whether you are a private operator or a public authority; it does not reach a business with no such licence.
- Expect no direct civil claim from a customer harmed by a safeguards failure; a customer's recourse runs through the Telecommunication Regulation Authority's own consumer complaint and dispute process rather than a private right of action in court.