SAFE-ID Act
The source supplies the latest action, but no lifecycle stage.
Latest action (14 Apr 2005): Read twice and referred to the Committee on the Judiciary.
What this bill does
S. 810, the SAFE-ID Act, would regulate how businesses handle personally identifiable information—such as names, financial data, medical records, Social Security numbers, and similar details—when it is sent to foreign branches, affiliates, subcontractors, or unaffiliated third parties overseas. Before disclosing such information abroad, a business would generally have to provide privacy notices consistent with existing Gramm-Leach-Bliley and HIPAA rules, follow related safeguards, and give consumers a chance to object to the transfer and an explanation of how to do so. Businesses could not discriminate against consumers who object, and health care businesses could not end a patient relationship to sidestep the objection process. Companies that knowingly transfer such data could be held liable for damages resulting from its misuse, and the FTC would be directed to write enforcement regulations and penalties.
The bill would affect businesses of many kinds—including health care providers, financial institutions, and their contractors—that collect or handle personal data and outsource work abroad. It also directs HHS to update HIPAA privacy-notice rules and amends the Gramm-Leach-Bliley Act so financial institutions must disclose more detail about overseas data outsourcing, including foreign privacy laws, added risks, protective measures, and certifications about data security.
The bill was introduced on April 14, 2005, by Senator Hillary Clinton and referred to the Senate Judiciary Committee. It received no further votes or action and did not become law.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Safeguarding Americans From Exporting Identification Data Act or the SAFE-ID Act - Prohibits business enterprises from disclosing personally identifiable information regarding U.S. residents to any branch, affiliate, subcontractor, or unaffiliated third party located in a foreign country unless: (1) the business enterprise provides notice of privacy protections and complies with safeguards described in specified Federal laws; (2) the consumer is given the opportunity to object prior to such disclosure; and (3) the consumer is given an explanation of how to exercise the nondisclosure option.
Prohibits: (1) health care businesses from terminating existing relationships with consumers to avoid objections to disclosure; and (2) business enterprises from discriminating against otherwise qualified consumers of financial products or health care services due to such objections.
Makes business enterprises that knowingly and directly transfer personally identifiable information to foreign entities liable to persons suffering damages due to the misuse of that information. Authorizes injured parties to file civil actions for violations of the information transmission provisions of this Act.
Requires the Secretary of Health and Human Services to revise existing regulations to require covered entities that outsource protected health information to a foreign country to include certain information relating to outsourcing in such entity's privacy protection notices. Amends the Gramm-Leach-Bliley Act to require the inclusion of similar information in privacy protection notices for consumers of financial services.
Timeline
14 Apr 2005
Read twice and referred to the Committee on the Judiciary.
Common questions
- What does S. 810 do?
- S. 810, the SAFE-ID Act, would regulate how businesses handle personally identifiable information—such as names, financial data, medical records, Social Security numbers, and similar details—when it is sent to foreign branches, affiliates, subcontractors, or unaffiliated third parties overseas. Before disclosing such information abroad, a business would generally have to provide privacy notices consistent with existing Gramm-Leach-Bliley and HIPAA rules, follow related safeguards, and give consumers a chance to object to the transfer and an explanation of how to do so. Businesses could not discriminate against consumers who object, and health care businesses could not end a patient relationship to sidestep the objection process. Companies that knowingly transfer such data could be held liable for damages resulting from its misuse, and the FTC would be directed to write enforcement regulations and penalties. The bill would affect businesses of many kinds—including health care providers, financial institutions, and their contractors—that collect or handle personal data and outsource work abroad. It also directs HHS to update HIPAA privacy-notice rules and amends the Gramm-Leach-Bliley Act so financial institutions must disclose more detail about overseas data outsourcing, including foreign privacy laws, added risks, protective measures, and certifications about data security. The bill was introduced on April 14, 2005, by Senator Hillary Clinton and referred to the Senate Judiciary Committee. It received no further votes or action and did not become law.
- Has S. 810 become law?
- The source does not supply a confirmed lifecycle stage for S. 810. Check the latest action and official source below.
- Who sponsored S. 810?
- S. 810 was sponsored by Sen. Clinton, Hillary Rodham [D-NY] (D-NY), with 0 cosponsors.
- What's the latest action on S. 810?
- Read twice and referred to the Committee on the Judiciary. (14 Apr 2005).
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