MicronesiaFSM Telecommunications Act of 2014, confidentiality of customer information and communications
In force since .
A data subject rights rule binding public and private bodies.
- Enforcement body
- FSM Telecommunication Regulation Authority
- Obligation class
- Consent, Disclosure, Security
What it requires
- 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.
These lines are LexLint's reading of the law's text.
If you get it wrong
Criminal exposureYes
Criminal exposure note
Section 383 makes a contravention of any provision of the Act a general offence, and section 384 punishes a natural person with a fine not exceeding $50,000 and imprisonment not exceeding one year, and a corporation or other entity with a fine not exceeding 5% of its gross revenues in the previous financial year, with further daily fines for a continuing offence.
What this law does
Section 349(1) of Title 21 bars a licensee from collecting, using, maintaining or disclosing information about a customer for any purpose without the customer's consent, and requires appropriate security safeguards against collection, use, maintenance or disclosure without that consent.
Section 349(4) requires a licensee to permit a customer to inspect its records regarding the communications service provided to that customer and to promptly correct or remove information that is shown to be incorrect. Section 349(6) requires a licensee, on request, to disclose to a customer the purpose of requesting or collecting any information about that customer, and bars it from using or maintaining customer information for undisclosed purposes.
Section 350 requires a licensee to take all reasonable steps to ensure the confidentiality of its customers' communications, and bars it from divulging information concerning a customer's communications without the customer's prior consent unless required by law or authorized by the Authority. Section 351 leaves untouched the rights of government authorities under the laws of the Federated States of Micronesia to access otherwise confidential information or communications in a lawful manner. The Act defines a licensee as a person who holds or is registered under a licence issued under the Act.
When LexLint raises it
When your app profile says your app provides telecom services or processes personal data.
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