Personal Data Privacy and Security Act of 2014
Latest action (8 Jan 2014): Introduced
What this bill does
Here is a neutral summary of S. 1897:
S. 1897, the Personal Data Privacy and Security Act of 2014, would establish new federal standards for protecting personal information and responding to data breaches. It would create criminal penalties for concealing a security breach when the concealment causes financial harm, increase penalties for various computer fraud offenses under existing federal law, add a new offense and enhanced penalties for damaging "critical infrastructure" computer systems, and expand criminal and civil forfeiture provisions related to computer fraud. It would also require certain businesses that handle sensitive personal information to implement data privacy and security programs, and would set nationwide requirements for notifying individuals, law enforcement, and credit reporting agencies when a security breach exposes sensitive personal information such as Social Security numbers, financial account numbers, or biometric data.
The bill would primarily affect businesses and organizations that collect or store sensitive personal information, requiring them to adopt security safeguards and follow specific breach-notification procedures, with enforcement roles for the Federal Trade Commission and state attorneys general. It would also affect individuals whose personal data is compromised, by establishing rights to notification, and would affect people prosecuted for computer-related crimes, who could face longer sentences, new categories of offenses, and forfeiture of related property. Federal law enforcement agencies, including the FBI and Secret Service, would gain or clarify investigative authority under the new provisions.
The bill was introduced in the Senate on January 8, 2014, by Senator Patrick Leahy along with several cosponsors, and was referred to the Senate Committee on the Judiciary. It did not receive a committee vote or further action, and it did not become law before the end of the 113th Congress.
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 2014 - Defines "sensitive personally identifiable information" to include: (1) specified combinations of data elements in electronic or digital form, such as an individual's name, home address or telephone number, mother's maiden name, and date of birth; (2) a non-truncated social security number, driver's license number, passport number, or government-issued unique identification number; (3) unique biometric data; (4) a unique account identifier; and (5) any security code, access code, password, or secure code that could be used to generate such codes or passwords.
Title I: Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security - Amends the federal criminal code to make fraud in connection with the unauthorized access of personally identifiable information (in electronic or digital form) a predicate for instituting a prosecution for racketeering.
Imposes a prison term of up to five years and/or a fine on any individual who has knowledge of and intentionally and willfully conceals a security breach and such breach results in economic harm of $1,000 or more to any individual. Grants the Secret Service and the Federal Bureau of Investigation (FBI) authority to investigate criminal concealments of security breaches.
Increases penalties for fraud and related activity, and imposes criminal penalties for attempts and conspiracies to commit fraud and related activity, in connection with computers.
Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization.
Modifies criminal and civil forfeiture provisions, including requiring certain civil forfeiture seizures and forfeitures to be performed by persons designated for that purpose by the Secretary of Homeland Security (DHS) or the Attorney General (DOJ).
Prohibits civil actions involving unauthorized use of a protected computer if a violation of a contractual obligation or agreement constitutes the sole basis for determining that access to the computer is unauthorized.
Directs the Attorney General to report the number of criminal cases that involve: (1) unauthorized access to a nongovernmental computer, and (2) conduct in which the sole basis for such a determination was that the defendant violated a contractual obligation or agreement with a service provider or employer.
Common questions
- What does S. 1897 do?
- Here is a neutral summary of S. 1897: S. 1897, the Personal Data Privacy and Security Act of 2014, would establish new federal standards for protecting personal information and responding to data breaches. It would create criminal penalties for concealing a security breach when the concealment causes financial harm, increase penalties for various computer fraud offenses under existing federal law, add a new offense and enhanced penalties for damaging "critical infrastructure" computer systems, and expand criminal and civil forfeiture provisions related to computer fraud. It would also require certain businesses that handle sensitive personal information to implement data privacy and security programs, and would set nationwide requirements for notifying individuals, law enforcement, and credit reporting agencies when a security breach exposes sensitive personal information such as Social Security numbers, financial account numbers, or biometric data. The bill would primarily affect businesses and organizations that collect or store sensitive personal information, requiring them to adopt security safeguards and follow specific breach-notification procedures, with enforcement roles for the Federal Trade Commission and state attorneys general. It would also affect individuals whose personal data is compromised, by establishing rights to notification, and would affect people prosecuted for computer-related crimes, who could face longer sentences, new categories of offenses, and forfeiture of related property. Federal law enforcement agencies, including the FBI and Secret Service, would gain or clarify investigative authority under the new provisions. The bill was introduced in the Senate on January 8, 2014, by Senator Patrick Leahy along with several cosponsors, and was referred to the Senate Committee on the Judiciary. It did not receive a committee vote or further action, and it did not become law before the end of the 113th Congress.
- Has S. 1897 become law?
- Not yet. As of 8 Jan 2014, S. 1897 is introduced.
- Who sponsored S. 1897?
- S. 1897 was sponsored by Sen. Patrick Leahy [D-VT, 1975-2022] (Democrat-VT), with 5 cosponsors.
- What's the latest action on S. 1897?
- Introduced (8 Jan 2014).
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