Current through November, 2024
Section 6-80-115 - Standards for customer privacy(a) A telecommunications carrier shall: (1) Except as required by law or with the approval of the customer, collect, maintain, use, disclose or permit access to personally identifiable customer information that it receives or obtains by virtue of its provision of a telecommunications service only to the extent necessary to initiate, provide, or maintain the telecommunications service from which the information is derived or services necessary to, or used in, the provision of the telecommunications service, including billing and collection and the publishing of directories;(2) Respect and safeguard personally identifiable customer information, equipment, and records from unauthorized access or use;(3) Maintain the confidentiality of personally identifiable customer information when undertaking or participating in projects or ventures with others, and not disseminate, distribute, disclose, transfer, or sell such information for use by persons outside of the telecommunications industry or by other carriers for marketing purposes;(4) Provide a customer or, upon the affirmative written request of the customer, provide to any person designated by the customer access to all personally identifiable customer information about that customer, collected and maintained by the telecommunications carrier. The carrier shall make the information available at reasonable times and at a convenient place designated by the carrier. The carrier shall provide the customer reasonable opportunity to correct any error in the information;(5) Respect customers' rights to personal privacy, as recognized by law;(6) Maintain the privacy and confidentiality of customer conversations and data transmitted via the telecommunications network and lines, unless otherwise authorized by law;(7) Offer and maintain a customer's right to non-listed or non-published numbers;(8) Promptly honor a customer's request for account, billing, or payment information that the carrier has about the customer;(9) Promptly honor a customer's request to remove the customer's name from the carrier's solicitation list; and(10) Make available to every customer Caller ID per line blocking at no charge.(b) Nothing in this section prohibits a telecommunications carrier from using, disclosing, or permitting access to personally identifiable customer information obtained from its customers, either directly or indirectly through its agents: (1) To initiate, render, bill, and collect for telecommunications services;(2) To protect the rights or property of the carrier, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services; or(3) To provide any inbound telemarketing, referral, or administrative services to the customer for the duration of the call, if such call is initiated by the customer and the customer approves the use of such information to provide such service.[Eff ] (Auth: HRS §§ 269-6, 269-34 to 43) (Imp: HRS §§ 269-34 to 43, 47 U.S.C. §222 )