Personal Data Privacy and Security Act of 2005
The source supplies the latest action, but no lifecycle stage.
Latest action (17 Nov 2005): Placed on Senate Legislative Calendar under General Orders. Calendar No. 297.
What this bill does
The proposed Personal Data Privacy and Security Act of 2005 aims to strengthen protections against identity theft and the misuse of personal information. It would amend existing laws to increase penalties for certain data privacy violations and make unauthorized access to sensitive personally identifiable information a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO). The bill also introduces requirements for businesses that handle significant amounts of sensitive personal data, mandating the implementation of comprehensive data privacy and security programs and requiring prompt notification to individuals in the event of a security breach.
This legislation would affect various entities, including data brokers and business entities that collect, use, or store sensitive personally identifiable information for 10,000 or more individuals. Data brokers would have to disclose certain electronic records to individuals upon request and correct inaccuracies. Businesses would be required to establish security safeguards, assess vulnerabilities, and protect data from unauthorized access or disclosure. The U.S. Secret Service is designated to investigate certain offenses related to concealing security breaches. Civil penalties, including fines and equitable relief, are proposed for violations.
S. 1789 was introduced in the Senate in September 2005 and has since been ordered reported with an amendment by the Committee on the Judiciary. If passed by the Senate, it would then move to the House of Representatives for consideration. If enacted, the bill would become law, and its provisions would be implemented by federal agencies and enforced through civil and criminal penalties.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Personal Data Privacy and Security Act of 2005 - Title I: Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security - (Sec. 101) Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to make fraud and related activity in connection with unauthorized access to sensitive personally identifiable information a predicate offense.
(Sec. 102) Amends the federal criminal code to prohibit a person having the obligation to provide notice of a security breach under this Act from concealing a breach that causes economic damage to one or more persons. Grants the U.S. Secret Service exclusive authority to investigate any such offense.
(Sec. 103) Directs the U.S. Sentencing Commission to review and amend the sentencing guidelines applicable to persons convicted of using fraud to access, or misusing, digitized or electronic personally identifiable information (including identity theft).
Title II: Data Brokers - (Sec. 201) Sets forth requirements for data brokers engaged in interstate commerce with respect to products or services offered to third parties that allow access to or use of sensitive personally identifiable information, with specified exceptions.
Requires such a broker, upon request and for a reasonable fee, to disclose to an individual: (1) all personal electronic records maintained specifically for disclosure to third parties that request information on that individual in the ordinary course of business; and (2) guidance on correcting inaccuracies. Requires a broker to correct disputed information in its systems that does not accurately and completely record the information available from a public record source or licensor or that is otherwise found to be incomplete or inaccurate.
(Sec. 202) Sets civil penalties of up to $1,000 per violation per day up to a maximum of $250,000 for violations of this title, with additional penalties for intentional or willful violations. Authorizes equitable relief. Authorizes the Federal Trade Commission (FTC) to enforce this title and provides for state enforcement. Provides that nothing in this title establishes a private cause of action against a data broker for violation of this title.
Title III: Privacy and Security of Personally Identifiable Information - Subtitle A: A Data Privacy and Security Program - (Sec. 301) Subjects a business entity engaged in interstate commerce that involves collecting, accessing, transmitting, using, storing, or disposing of sensitive personally identifiable information in electronic or digital form on 10,000 or more U.S. persons (with specified exceptions) to the requirements of this title.
(Sec. 302) Requires such an entity to: (1) implement a comprehensive data privacy and security program that includes safeguards identified by the FTC for the protection of sensitive personally identifiable information; (2) identify vulnerabilities and assess damage that could result in unauthorized access, disclosure, use, or alteration of such information or systems containing such information; (3) assess the sufficiency of its safeguards to control risks from such access; and (4) assess the vulnerability of such information during its destruction and disposal, including through the disposal or retirement of hardware.
Timeline
17 Nov 2005
Placed on Senate Legislative Calendar under General Orders. Calendar No. 297.
Common questions
- What does S. 1789 do?
- The proposed Personal Data Privacy and Security Act of 2005 aims to strengthen protections against identity theft and the misuse of personal information. It would amend existing laws to increase penalties for certain data privacy violations and make unauthorized access to sensitive personally identifiable information a predicate offense under the Racketeer Influenced and Corrupt Organizations Act (RICO). The bill also introduces requirements for businesses that handle significant amounts of sensitive personal data, mandating the implementation of comprehensive data privacy and security programs and requiring prompt notification to individuals in the event of a security breach. This legislation would affect various entities, including data brokers and business entities that collect, use, or store sensitive personally identifiable information for 10,000 or more individuals. Data brokers would have to disclose certain electronic records to individuals upon request and correct inaccuracies. Businesses would be required to establish security safeguards, assess vulnerabilities, and protect data from unauthorized access or disclosure. The U.S. Secret Service is designated to investigate certain offenses related to concealing security breaches. Civil penalties, including fines and equitable relief, are proposed for violations. S. 1789 was introduced in the Senate in September 2005 and has since been ordered reported with an amendment by the Committee on the Judiciary. If passed by the Senate, it would then move to the House of Representatives for consideration. If enacted, the bill would become law, and its provisions would be implemented by federal agencies and enforced through civil and criminal penalties.
- Has S. 1789 become law?
- The source does not supply a confirmed lifecycle stage for S. 1789. Check the latest action and official source below.
- Who sponsored S. 1789?
- S. 1789 was sponsored by Sen. Specter, Arlen [R-PA] (R-PA), with 3 cosponsors.
- What's the latest action on S. 1789?
- Placed on Senate Legislative Calendar under General Orders. Calendar No. 297. (17 Nov 2005).
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