Personal Data Privacy and Security Act of 2007
The source supplies the latest action, but no lifecycle stage.
Latest action (23 May 2007): Placed on Senate Legislative Calendar under General Orders. Calendar No. 168.
What this bill does
S. 495, the Personal Data Privacy and Security Act of 2007, sought to address identity theft, data security breaches, and the handling of personal information by businesses, data brokers, and the government. It would have created new federal crimes and penalties—such as for organized criminal activity involving unauthorized access to personal data and for concealing known security breaches—and directed the U.S. Sentencing Commission to review and strengthen federal sentencing guidelines for identity theft and related offenses. It also included bankruptcy protections for identity theft victims, restricting certain motions against debtors who qualify as victims.
The bill would have imposed obligations on "data brokers"—companies that collect and sell sensitive personal information about individuals—requiring them to let people review and correct their records and to disclose when that information is used to take adverse action against them, with certain exemptions for entities already regulated under laws like the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, or HIPAA. Additional titles (not fully detailed in the excerpt) addressed security breach notification requirements, creation of an Office of Federal Identity Protection, and oversight of government use of commercial data.
The bill was introduced by Senator Patrick Leahy in February 2007 and was reported by the Senate Judiciary Committee with amendments in May 2007. It did not receive a floor vote and did not become law.
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 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 without 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.
Timeline
23 May 2007
Placed on Senate Legislative Calendar under General Orders. Calendar No. 168.
Common questions
- What does S. 495 do?
- S. 495, the Personal Data Privacy and Security Act of 2007, sought to address identity theft, data security breaches, and the handling of personal information by businesses, data brokers, and the government. It would have created new federal crimes and penalties—such as for organized criminal activity involving unauthorized access to personal data and for concealing known security breaches—and directed the U.S. Sentencing Commission to review and strengthen federal sentencing guidelines for identity theft and related offenses. It also included bankruptcy protections for identity theft victims, restricting certain motions against debtors who qualify as victims. The bill would have imposed obligations on "data brokers"—companies that collect and sell sensitive personal information about individuals—requiring them to let people review and correct their records and to disclose when that information is used to take adverse action against them, with certain exemptions for entities already regulated under laws like the Fair Credit Reporting Act, Gramm-Leach-Bliley Act, or HIPAA. Additional titles (not fully detailed in the excerpt) addressed security breach notification requirements, creation of an Office of Federal Identity Protection, and oversight of government use of commercial data. The bill was introduced by Senator Patrick Leahy in February 2007 and was reported by the Senate Judiciary Committee with amendments in May 2007. It did not receive a floor vote and did not become law.
- Has S. 495 become law?
- The source does not supply a confirmed lifecycle stage for S. 495. Check the latest action and official source below.
- Who sponsored S. 495?
- S. 495 was sponsored by Sen. Leahy, Patrick J. [D-VT] (D-VT), with 7 cosponsors.
- What's the latest action on S. 495?
- Placed on Senate Legislative Calendar under General Orders. Calendar No. 168. (23 May 2007).
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