Identity Theft bill

A bill to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information.

5/23/2007--Reported to Senate amended. Personal Data Privacy and Security Act of 2007 - Title I: Enhancing Punishment For Identity Theft And Other Violations Of Data Privacy and Security -
(Sec. 101) Amends the federal criminal code to add intentionally accessing a computer wi more...thout authorization to the definition of racketeering activity.
(Sec. 102) Imposes a fine and/or prison term of up to five years for intentionally and willfully concealing a security breach involving sensitive personally identifiable information that causes economic damage to one or more persons. Defines "sensitive personally identifiable information" to include an individual's name in combination with his or her social security number, home address, date of birth, biometrics data, or financial account information.
(Sec. 103) Directs the U.S. Sentencing Commission to review and amend, if appropriate, federal sentencing guidelines for persons convicted of using fraud to access, or to misuse, digitized or electronic personally identifiable information, including sentencing guidelines for identity theft.
(Sec. 104) Amends the federal bankruptcy code to prohibit the dismissal or conversion of a bankruptcy case based upon a debtor's failure to meet means testing eligibility requirements if such debtor is a victim of identity theft.
Title II: Data Brokers -
(Sec. 201) Requires interstate data brokers (defined as business entities which, for monetary fees or dues, regularly engage in the practice of collecting, transmitting, or providing access to sensitive personally identifiable information on more than 5,000 individuals to nonaffiliated third parties on an interstate basis) to:
(1) disclose to a requesting individual all personal electronic records pertaining to such individual in their databases or systems at the time of such request;
(2) provide guidance to such individuals for correcting inaccuracies in their records;
(3) provide written or electronic notice of any adverse action taken against an individual by a third party based upon information in their databases; and
(4) correct any inaccurate information in their databases.

(Sec. 202) Imposes civil penalties on data brokers who violate the requirements of this title. Grants the Federal Trade Commission (FTC) enforcement authority over data brokers. Allows state attorneys general to pursue civil remedies against data brokers who are deemed to pose a threat to state residents.

(Sec. 203) Preempts state regulation of data brokers.

(Sec. 204) Makes the provisions of this title effective 180 days after enactment of this Act. Title III: Privacy And Security Of Personally Identifiable Information - Subtitle A: A Data Privacy and Security Program -
(Sec. 301) Imposes requirements for a personal data privacy and security program on business entities that maintain sensitive personally identifiable information in electronic or digital form on 10,000 or more U.S. persons. Exempts certain financial institutions, covered entities under the Health Insurance Portability and Accountability Act (HIPAA), and public records from such requirements.

(Sec. 302) Requires a business entity that is subject to data privacy and security requirements to:
(1) implement a comprehensive personal data privacy and security program to ensure the privacy, security, and confidentiality of sensitive personally identifying information and to protect against breaches of and unauthorized access to such information;
(2) conduct risk assessments of potential security breaches;
(3) adopt risk management and control policies and procedures;
(4) ensure employee training and supervision for implementation of data security programs; and
(5) undertake vulnerability testing and monitoring of personal data privacy and security programs.
(Sec. 303) Imposes civil penalties on business entities that violate the data privacy and security requirements of this subtitle. Grants enforcement authority for such requirements to the FTC.

(Sec. 304) Preempts state laws relating to administrative, technical, and physical safeguards for the protection of sensitive personally identifying information.
Subtitle B: Security Breach Notification -
(Sec. 311) Requires any agency or business entity with sensitive personally identifiable information to notify without unreasonable delay any U.S. resident of a security breach in which such resident's information has been, or is reasonably believed to have been, accessed or acquired.

(Sec. 312) Exempts agencies or business entities from security breach notification requirements if they provide written certification to the Secret Service that providing such notification would impede a criminal investigation or damage national security. Requires the Secret Service to evaluate the merits of such certifications.

(Sec. 313) Requires an agency or business entity to give notice of a security breach to any affected individuals:
(1) by written notice to their last known home mailing address, by telephone, or by email (if email notification was consented to); and
(2) to major media outlets if the number of residents in a state affected by a security breach exceeds 5,000.

(Sec. 314) Requires the notification to individuals whose sensitive personally identifiable information has been accessed to include:
(1) a description of the categories of information an unauthorized individual has acquired; and
(2) toll-free numbers for contacting the agency or business entity whose databases have been breached and major credit reporting agencies.

(Sec. 315) Requires any business entity or agency that is required to provide notification to more than 5,000 individuals of a security breach to notify all consumer reporting agencies.

(Sec. 316) Requires any business entity or agency to notify the Secret Service of security breaches of sensitive personally identifying information within 14 days of any data security breach that involves:
(1) more than 10,000 individuals;
(2) a database that contains information about more than one million individuals nationwide;
(3) a federal government database; or
(4) individuals known to be government employees or contractors involved in national security or law enforcement. Requires the Secret Service to notify the Federal Bureau of Investigation (FBI), the U.S. Postal Service, and the attorney general of each affected state of a security breach within 14 days of receiving notice of any breach.

(Sec. 317) Authorizes the Attorney General to bring a civil action, including an injunction, in a U.S. district court for violations of security breach notification requirements.

(Sec. 318) Allows state attorneys general to bring a civil action in a U.S. district court to enforce security breach notification requirements. Authorizes the Attorney General to stay, or intervene in, any state action.

(Sec. 319) Declares that the provisions of this subtitle shall supersede any other provision of federal or state law relating to notification by an interstate business entity or agency of a security breach.
(Sec. 320) Authorizes appropriations to the Secret Service to carry out investigations and risk assessments of security breaches.

(Sec. 321) Requires the Secret Service to report to Congress on security breaches resulting from risk assessment exemptions.

(Sec. 322) Makes the provisions of this subtitle effective 90 days after enactment of this Act. Subtitle C: Office of Federal Identity Protection - Establishes in the FTC an Office of Federal Identity Protection to assist victims of identity theft. Authorizes appropriations for such Office for FY2008-FY2012.
Title IV: Government Access To And Use Of Commercial Data -
(Sec. 401) Requires the Administrator of the General Services Administration (GSA), in awarding contracts totaling more than $500,000 to data brokers, to evaluate their data privacy and security programs, their compliance, the extent to which their databases and systems have been compromised by security breaches, and their responses to such breaches. Provides a compliance safe harbor for data brokers and penalties against data brokers for noncompliance with security breach notification requirements.

(Sec. 402) Requires federal agencies to audit and evaluate the information security practices of government contractors and third parties that support the information technology systems of such agencies.

(Sec. 403) Amends the E-Government Act of 2002 to require federal agencies that purchase or subscribe to personally identifiable information from a commercial entity to conduct privacy impact assessments on the use of those services.
Requires the Comptroller General to conduct a study and audit and prepare a report for submission to Congress on federal agency adherence to privacy principles in using data brokers or commercial databases containing personally identifiable information.

(Sec. 404) Requires the Department of Justice to designate a department-wide Chief Privacy Officer. Sets forth the duties and responsibilities of such Officer.

Sponsor

• Sen. Patrick Leahy [D, VT]
• and 7 Co-Sponsors
  • Sen. Sherrod Brown [D, OH]
  • Sen. Benjamin Cardin [D, MD]
  • Sen. Russell Feingold [D, WI]
  • Sen. Barack Obama [D, IL]
  • Sen. Bernard Sanders [I, VT]
  • Sen. Charles Schumer [D, NY]
  • Sen. Arlen Specter [R, PA]
  close

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Committees

• Senate Judiciary

Amendments

This bill has no amendments.

Amendments to S.495

Number	Status	Purpose

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Bill Status

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Introduced		Voted on by Senate		Voted on by House		Considered By President		Bill Becomes Law
February 06, 2007

Related Issue Areas:

• Bank records
• Computer crimes
• Congressional investigations
• Federal Trade Commission
• 51 more
• Federal preemption
• Governmental investigations
• Independent regulatory commissions
• Parties to actions
• Secret service
• State and local government
• State laws
• Telecommunication
• Telephone
• Criminal justice
• Actions and defenses
• Administrative procedure
• Armed forces
• Auditing
• Civil liberties
• Computer security measures
• Congress
• Congressional reporting requirements
• Consumers
• Counterintelligence
• Credit bureaus
• Data banks
• Defense policy
• Department of Justice
• Employee training
• Espionage
• Executive departments
• Executive reorganization
• Finance
• Fines (Penalties)
• Fraud
• Government contractors
• Government information
• Government paperwork
• Identification devices
• Identity theft
• Information leaking
• Injunctions
• Intelligence activities
• Job training
• Law
• National security
• Organized crime
• Public contracts
• Restrictive trade practices
• Right of privacy
• Risk
• Sentencing guidelines
• Standards
• Technology
• U.S. Sentencing Commission

In the News

October 18, 2007 New Senate Bill Targets Identity Theft

... a Republican from Pennsylvania, based this proposed new bill on their Leahy-Specter Personal Data Privacy and Security Act (S. 495). ...

Source: Technology News Daily
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October 17, 2007 The Nokia N810 Internet Tablet

... and the Judiciary Committee has twice approved the Leahy-Specter Personal Data Privacy and Security Act (S. 495), most recently in May. ...

Source: Technology News Daily, AZ
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May 22, 2007 A year after major breach, data-security bills stalled

The Senate has been active in recent weeks, with the Judiciary Committee approving a bill, S. 495, that would boost punishment for cyber crime, ...

Source: GovExec.com, DC
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Blog Coverage

April 08, 2008 Reading High’s Griffin on a quest for gold

Consumers Union letter on S. 495. Fire damages equestrian center building, RVs. Women in Sports: Edwards humble despite success. New Taconite Mine Opens In Iron Range. US Armor Forces Join Offensive In Baghdad Against Sadr Militia ...

Source: Judy Small
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March 25, 2008 Leahy, Specter want floor time for privacy bill

... more scrutiny of private contractors handling sensitive government data and strengthens laws and penalties that regulate how private information is obtained, stored and used. Source - The Hill. Note: the proposed bill is S. 495. ...

Source: PogoWasRIght - Privacy News Headlines
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March 14, 2008 Bills and related to consumer identity protection, and consumer credit

The most important legislation regarding consumer protection and identity theft prevention right now in the 110th Congress is probably S. 495, the Personal Data Privacy and Security A...

Source: Identity theft protection act
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