Privacy and security of customer information obtained by a broadband Internet access service provider and providing a criminal penalty. (FE)

For non-sensitive information, the customer must object to the provider's request to use, disclose, or permit access to that information after the customer receives a notification that is required to accompany the provider's request. Under the bill, non-sensitive information is the following information that is not sensitive information: 1) information that is linked or reasonably able to be linked to an individual or a device; or 2) information that identifies an individual and that relates to the quantity, technical configuration, type, destination, location, or amount of use of broadband Internet access service.

Also, under the bill, a provider is prohibited from refusing to provide broadband Internet access service because a customer or prospective customer does not grant approval to the provider to use, disclose, or permit access to proprietary information.

The bill allows a provider to use, disclose, or permit access to both sensitive and non-sensitive customer proprietary information without receiving the customer's approval only for the following purposes: 1) to provide the broadband Internet access service from which the information is derived; 2) to initiate, render, bill, or collect for broadband Internet access service; 3) to protect the rights or property of a provider or to protect users against fraudulent, abusive, or unlawful use of the service; 4) to provide certain services to a customer during a real-time interaction with the provider initiated by the customer; 5) to provide location information or non-sensitive information in emergencies; or 6) as otherwise required or authorized by law.

Under the bill, when a provider requests approval to use, disclose, or permit access to a customer's proprietary information, the provider's request must accompany a notice that includes a specific description of the following: 1) the types of customer proprietary information that the provider will collect from providing broadband Internet access service, and how it will use the information; 2) the circumstances under which the provider discloses or permits access to each type of customer proprietary information that it collects; 3) the categories of entities to which the provider discloses or permits to access the customer's proprietary information and the purposes for which that information will be used by each category of entity; and 4) the customer's rights to grant, deny, or withdraw approval concerning the customer's proprietary information. The notice must also include access to a mechanism that the customer can use to grant, deny, or withdraw approval at any time.

The bill requires that when a provider makes a material change to its policies concerning the privacy of customer proprietary information, the provider must give to each customer a similar notice that also includes a specific description of the changes made to the privacy policies. The bill also requires that all notices and mechanisms used for granting, denying, or withdrawing approval be translated into the language that the provider uses to transact business with a customer.

The bill requires providers to take reasonable security measures to protect customer proprietary information from unauthorized use, disclosure, or access.

Further, when a breach of the provider's security occurs, the provider is required to notify each affected customer within 30 days after learning of the breach unless the provider reasonably determines that no harm to the customer is reasonably likely to occur as a result. The notification must describe the information that is reasonably believed to have been involved in the security breach and include information about how to contact the provider to inquire about the security breach and how to contact relevant government agencies. If the security breach creates a risk of financial harm, the notification must also include information about steps that the customer can take to guard against identity theft.

The bill also requires a provider to notify the Department of Agriculture, Trade and Consumer Protection and the Department of Justice within seven business days of learning about a breach of security affecting 5,000 or more customers unless the provider reasonably determines that no harm to customers is reasonably likely to occur as a result of the breach. If a breach of security affects fewer than 5,000 customers, the bill requires a provider to notify DATCP within 30 days after learning about the breach. Under the bill, a provider is required to maintain records for two years that contain information about the notifications made to customers about a breach of security.

A broadband Internet access service provider that intentionally violates the bill is subject to a criminal fine of up to $1,000, or up to three months in jail, or both.

Alternatively, a provider that violates the bill is subject to a civil forfeiture of up to $50,000 for the first violation, and up to $100,000 for each subsequent violation.

Additionally, under the bill, any person or class of persons that is adversely affected by a violation by a broadband Internet access service provider can sue the provider for appropriate relief. The bill also authorizes 1) DATCP; 2) DOJ, after consulting with DATCP; or 3) any district attorney, upon informing DATCP, to bring an action to restrain by temporary or permanent injunction any violation of the bill.