Media Contact: 
Kim Hart (202) 418-8191
kim.hart@fcc.gov
For Immediate Release
FCC PROPOSES TO GIVE BROADBAND CONSUMERS INCREASED CHOICE, 
TRANSPARENCY AND SECURITY FOR THEIR PERSONAL DATA
Proposal would empower consumers to decide how data is used and shared by broadband providers
WASHINGTON, March 31, 2016 – The Federal Communications Commission today adopted a Notice of 
Proposed Rulemaking (NPRM) that proposes to establish privacy guidelines for broadband Internet 
Service Providers (ISPs). The proposal is designed to ensure broadband customers have meaningful 
choice, greater transparency and strong security protections for their personal information collected by 
ISPs.
The NPRM proposes rules implementing the privacy requirements of Section 222 of the Communications 
Act for broadband ISPs. It proposes rules that would give broadband customers the tools they need to 
make informed decisions about how their information is used by their ISPs and whether and for what 
purposes their ISPs may share their customers’ information with third parties.
To provide consumers more control over the use of their personal information – and enforce the 
broadband provider’s responsibility to safeguard such data – the NPRM separates the use and sharing of 
information into three categories, and proposes adoption of clear guidance for both ISPs and customers 
about the transparency, choice and security requirements for customers’ personal information: 
? Consent Inherent in Customer Decision to Purchase ISP’s Services:  Customer data necessary 
to provide broadband services and for marketing the type of broadband service purchased by a 
customer – and for certain other purposes consistent with customer expectations, such as 
contacting public safety – would require no additional customer consent beyond the creation of 
the customer-ISP relationship. 
? Opt-out:  Broadband providers would be allowed to use customer data for the purposes of 
marketing other communications-related services and to share customer data with their affiliates 
that provide communications-related services for the purposes of marketing such services unless 
the customer affirmatively opts out. 
? Opt-in:  All other uses and sharing of consumer data would require express, affirmative “opt-in” 
consent from customers. 
In addition, the NPRM proposes:
? Transparency requirements that require ISPs to provide customers with clear, conspicuous and 
persistent notice about what information they collect, use and share with third parties, and how 
customers can change their privacy preferences;
? Robust and flexible data security requirements for broadband providers that include requirements 
to adopt risk management practices; institute personnel training practices; implement strong 
customer authentication requirements; identify a senior manager responsible for data security; 
and take responsibility for use and protection of customer information when shared with third 
parties.
? Common-sense data breach notification requirements to encourage ISPs to protect the 
confidentiality of customer data, and to give consumers and law enforcement notice of failures to 
protect such information.
The NPRM also asks for comment on additional or alternative paths to achieve pro-consumer, pro-
privacy goals.
The scope of the NPRM is limited to broadband service providers. The NPRM does not apply to the 
privacy practices of web sites and other “edge services” over which the Federal Trade Commission has 
authority. The NPRM’s scope does not include other services of a broadband provider, such as the
operation of a social media website, or issues such as government surveillance, encryption or law 
enforcement.
Action by the Commission March 31, 2016 by Notice of Proposed Rulemaking (FCC 16-39).  
Chairman Wheeler, Commissioners Clyburn and Rosenworcel approving.  Commissioners Pai and 
O’Rielly dissenting.  Chairman Wheeler, Commissioners Clyburn, Rosenworcel, Pai and O’Rielly 
issuing separate statements.  
WC Docket No. 16-106
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Office of Media Relations: (202) 418-0500
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www.fcc.gov/office-media-relations
This is an unofficial announcement of Commission action.  Release of the full text of a Commission 
order constitutes official action.  See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).