EPIC, Others Ask FCC To Scrap Phone Toll Record Retention Rule

Various groups petitioned the FCC to repeal a rule requiring telcos to retain toll-call data for 18 months. "The mandatory retention of call toll records under Section 42.6 violates the fundamental right to privacy," said the letter submitted by the Electronic Privacy Information Center's advisory board, joined by 26 consumer rights, human rights and civil liberties organizations. "It exposes consumers to data breaches, stifles innovation, and reduces market competition. It is outdated and ineffective. It is not necessary or proportionate for a democratic society." The letter said the FCC opened a rulemaking in 1985 aimed at removing the rule when it required the calling information to be retained only for six months, but in response, the Department of Justice asked and convinced the commission to extend the retention requirement to 18 months. "Many years later, it is abundantly clear that the 18-month data retention rule serves no purpose," said Tuesday's letter. The letter said the DOJ itself acknowledged in 2006 that "the efficacy of the Commission's current Section 42.6 requirement to meet law enforcement needs has been significantly eroded." The DOJ didn't comment. "Telephone service providers are in a much better position than the FCC to decide what call data is worth storing and for how long. By imposing a one-size-fits-all retention model on telcos, the FCC has eliminated any incentive for these companies to compete on privacy and develop more cost-efficient recordkeeping systems," said Berin Szoka, president of Tech Freedom, one of the groups signing the letter, in a release. "It's long past time the Commission repeal this mandate."