52 Pa. Code § 63.134

Current through Register Vol. 54, No. 44, November 2, 2024

Section 63.134 - Commitment to confidentiality of customer communications and customer information

A telecommunications company shall confirm with each employee, agent or independent contractor the responsibility to maintain the confidentiality of customer communications and customer information in accordance with applicable Federal and State law.

(1)Securing commitment from employees, agents or independent contractors. A telecommunications company shall, at the time a person commences employment or an agency or independent contractor relationship, instruct that person regarding telecommunications company policy covering the following points:

(i) State and Federal law generally prohibits the interception, disclosure and use of customer communications.

(ii) An employee, agent or independent contractor is prohibited from intercepting, using or disclosing customer communications except in those limited instances which are a necessary incident to:

(A) The provision of service.

(B) The protection of the legal rights or property of the telecommunications company where the action is taken in the normal course of employment.

(C) The protection of the telecommunications company, an interconnecting carrier, a customer or user of service from fraudulent, unlawful or abusive use of telecommunications service.

(D) Compliance with legal process or other requirements of law.

(iii) An employee, agent or independent contractor is prohibited from using or disclosing customer information except when the use or disclosure is authorized by this subchapter.

(iv) Improper interception, use or disclosure of customer communications or customer information may result in disciplinary action, including dismissal or criminal and civil proceedings, or both.

(2)Documentation of employee, agent or independent contractor commitment. An appropriate document shall be prepared outlining the policy summarized in paragraph (1) and stating that the telecommunications company employee, agent or independent contractor has read and understands the policy. The telecommunications company shall present the document to each employee, agent or independent contractors for signature. A telecommunications company manager shall witness and date the document, regardless of whether the employee, agent or independent contractor has agreed to sign the document. One copy shall be filed with the personnel papers of the employee, agent or independent contractors and one copy given to the employee, agent or independent contractors to keep and review.

(3)Annual review. A telecommunications company shall annually review with employees, agents or independent contractors the commitment to confidentiality of customer communications and customer information, and shall make a record of that annual review.

52 Pa. Code § 63.134

The provisions of this §63.134 amended August 12, 2022, effective 8/13/2022, 52 Pa.B. 5049.

The provisions of this § 63.134 amended under 66 Pa.C.S. § 3019(b)(2) and (3).

This section cited in 52 Pa. Code § 63.135 (relating to customer information).