PROTECT Act
The source supplies the latest action, but no lifecycle stage.
Latest action (21 Jul 2006): Read twice and referred to the Committee on the Judiciary.
What this bill does
The Privacy Rights and Oversight for Electronic and Commercial Transactions Act of 2006, also known as the PROTECT Act, would establish new rules for businesses handling personal information. It would prohibit for-profit companies from compromising individuals' nonpublic data through theft or breaches, and from issuing credit or making changes to credit reports due to identity theft. The bill would also amend existing laws to require financial institutions to obtain written consent before disclosing consumer usage data to third parties, and to provide consumers with free annual copies of their financial information.
This bill would affect for-profit businesses that handle personal data, financial institutions, and consumers. Small businesses would be exempt from certain provisions. The bill also addresses data handled by government agencies and healthcare providers, requiring agencies to notify individuals and credit services of data breaches. Additionally, it would create a Chief Privacy Officer within the Office of Management and Budget to oversee agency privacy policies.
The PROTECT Act was introduced in the Senate in July 2006 and referred to the Committee on the Judiciary. It has not advanced beyond this stage in the legislative process. If it were to move forward, it would typically be considered by the committee, potentially amended, and then brought to the Senate floor for a vote. If passed by the Senate, it would then proceed to the House of Representatives for a similar process.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Privacy Rights and OversighT for Electronic and Commercial Transactions Act of 2006 or the PROTECT Act - Prohibits any for profit entity that handles individuals' personal data from: (1) compromising the personal, nonpublic information of those individuals through theft, loss, data breach, or malfeasance; and (2) issuing credit or an account for services to an unauthorized individual or making an inaccurate change to a credit report as a result of identity theft. Exempts small business. Provides for the liability of violators.
Amends the Gramm-Leach-Bliley Act to prohibit a financial institution from disclosing usage data relating to consumers to a nonaffiliated third party without the consumer's written authorization.
Requires the President to designate a Chief Privacy Officer within the Office of Management and Budget.
Requires agencies and entities to provide notice of breaches that result in the unauthorized access or disclosure of personally identifiable information to affected individuals and all major credit reporting services upon an individual's request.
Directs the Federal Trade Commission (FTC) and each of the federal functional regulators to issue rules applicable to financial institutions concerning disclosures.
Requires financial institutions to provide, upon a consumer's written request, a copy of all its information relating to the consumer and to not charge the consumer for one copy a year. Requires nationwide consumer reporting agencies to make free annual disclosures to consumers (currently, disclosure is only required upon request).
Amends the Fair Credit Reporting Act to replace provisions about blocking the reporting of information with provisions concerning placing a security freeze on a consumer credit file.
Prohibits, subject to exemptions, business enterprises from disclosing a U.S. resident's personally identifiable information to foreign parties. Prohibits health care businesses from terminating existing relationships with consumers to avoid the consumer objecting to such disclosure to foreign parties. Provides for the liability of enterprises and civil action. Requires the Secretary of Health and Health Services to revise regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) concerning notice of privacy protection given by covered entities that outsource protected health information outside the United States. Includes additional disclosure requirements concerning financial institutions that outsource information.
Timeline
21 Jul 2006
Read twice and referred to the Committee on the Judiciary.
Common questions
- What does S. 3713 do?
- The Privacy Rights and Oversight for Electronic and Commercial Transactions Act of 2006, also known as the PROTECT Act, would establish new rules for businesses handling personal information. It would prohibit for-profit companies from compromising individuals' nonpublic data through theft or breaches, and from issuing credit or making changes to credit reports due to identity theft. The bill would also amend existing laws to require financial institutions to obtain written consent before disclosing consumer usage data to third parties, and to provide consumers with free annual copies of their financial information. This bill would affect for-profit businesses that handle personal data, financial institutions, and consumers. Small businesses would be exempt from certain provisions. The bill also addresses data handled by government agencies and healthcare providers, requiring agencies to notify individuals and credit services of data breaches. Additionally, it would create a Chief Privacy Officer within the Office of Management and Budget to oversee agency privacy policies. The PROTECT Act was introduced in the Senate in July 2006 and referred to the Committee on the Judiciary. It has not advanced beyond this stage in the legislative process. If it were to move forward, it would typically be considered by the committee, potentially amended, and then brought to the Senate floor for a vote. If passed by the Senate, it would then proceed to the House of Representatives for a similar process.
- Has S. 3713 become law?
- The source does not supply a confirmed lifecycle stage for S. 3713. Check the latest action and official source below.
- Who sponsored S. 3713?
- S. 3713 was sponsored by Sen. Clinton, Hillary Rodham [D-NY] (D-NY), with 0 cosponsors.
- What's the latest action on S. 3713?
- Read twice and referred to the Committee on the Judiciary. (21 Jul 2006).
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