We expect that our personal conversations are private. But as privacy savvy readers of this newsletter know, our expectation changes, or should change, if we are on a cell phone versus a land line. Even though the content of our cell phone conversations isn't private, our calling activity and history is, or should be!

There is a new privacy buzz word, and associated acronym, that goes along with cell phones - Customer Proprietary Network Information (CPNI). CPNI includes, among other things, customers' calling activities and history and billing records. This information is supposed to be protected by the carriers for their customers. And, just as in other business sectors there have been some recent high profile data security breaches.

Numerous websites advertise the sale of personal telephone records for a price. Specifically, data brokers advertise the availability of cell phone records, which include calls to and/or from a particular cell phone number, the duration of such calls, and may even include the physical location of the cell phone. There are several online firms who sold CPNI gathered illegally and cell phone carriers are suing them.

It is suspected that these data brokers may be engaged in "pretexting," that is, obtaining the information under false pretenses - often by impersonating the account holder. In addition, they may be obtaining access to consumers' accounts online by overcoming carriers' data security protocols.

The Federal Trade Commission (FTC) and the Federal Communications Commission (FCC) are working together to investigate these data brokers to determine how they are obtaining this information. They are also investigating the telecommunications carriers to determine whether they have implemented safeguards that are appropriate to secure the privacy of CPNI. The FCC is currently seeking comments on five proposals to address the unlawful and fraudulent release of CPNI: (1) consumer-set passwords; (2) audit trails; (3) encryption; (4) limiting data retention; and (5) notice procedures to the customer on the release of CPNI data.

Oh, and by the way…Contrary to email rumors, cell phone numbers are NOT being released to telemarketers, and you will NOT soon be getting telemarketing calls on your cell phone. The national associations representing telemarketers have stated that their clients do not intend to start calling consumers' cell phones. And, according to the FTC, your number would not be included in a wireless 411 directory unless you wanted it to be (i.e., you will have to "opt-in"); and that wireless 411 directory would not be available in a printed, electronic, or Internet list for telemarketers.

Darity Wesley is CEO and Legal Counsel for Privacy Solutions, Inc. a San Diego based consulting firm. Her team of Privacy Gurus® work with you to create policies and procedures to establish the expectation of privacy for your members, clients, customers, prospects, affiliates, associates, employees and vendors. You can reach her at (619)670-9462 or Darity@privacygurus.com