Section 63.134. Employe commitment to confidentiality of customer communications and customer information

A telephone company shall confirm with each employe the responsibility to maintain the confidentiality of customer communications and customer information in accordance with applicable State and Federal law.

(1) Securing commitment from employes. A telephone company shall, at the time a person commences employment, instruct that person regarding telephone company policy covering the following points:

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

(ii) An employe 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 telephone company where the action is taken in the normal course of employment.

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

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

(iii) An employe 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 employe commitment. An appropriate document shall be prepared outlining the policy summarized in paragraph (1) and stating that the telephone company employe has read and understands the policy. The telephone company shall present the document to each employe for signature. A telephone company manager shall witness and date the document, regardless of whether the employe has agreed to sign the document. One copy shall be filed with the employe’s personnel papers and one copy given to the employe to keep and review.

(3) Annual review. A telephone company shall annually review with employes the commitment to confidentiality of customer communications and customer information, and shall make a record of that annual review.

Notation

Cross References

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