Cyber Privacy Fortification Act of 2015
The source supplies the latest action, but no lifecycle stage.
Latest action (22 Jan 2015): Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
What this bill does
H.R. 104, the Cyber Privacy Fortification Act of 2015, would establish new penalties for failing to report significant data security breaches. It would specifically criminalize intentionally failing to provide required notices of a security breach involving "sensitive personally identifiable information." This term is defined to include various forms of electronic or digital information such as names, addresses, Social Security numbers, biometric data, and financial account details when combined with security codes. The bill also requires organizations possessing electronic data containing an individual's means of identification to promptly notify the U.S. Secret Service or the FBI in the event of a "major security breach." A major security breach is defined as one involving data for 10,000 or more individuals, federal government databases, or identification information of federal employees or contractors involved in national security or law enforcement.
Additionally, the bill would allow the Attorney General and state attorneys general to bring civil actions and seek injunctions for violations of future federal data security laws. It also mandates that federal agencies, as part of their rulemaking process, prepare and release "privacy impact assessments" detailing how proposed rules might affect individual privacy. Agencies would have the authority to waive or delay these assessments for emergencies or national security reasons. Federal agencies would also be required to periodically review their existing rules that significantly impact privacy and consider amending or rescinding them if privacy impacts can be minimized while complying with laws. Individuals affected by final agency actions on these rules would have access to judicial review.
This bill was introduced in the House of Representatives on January 6, 2015, and its current status is "Introduced." This means it has been proposed but has not yet been passed by either the House or the Senate, nor has it been signed into law by the President. Following introduction, bills are typically referred to relevant committees for consideration, and further action would depend on committee review and potential votes.
Plain-English summary generated by Bill100 AI from the official record. Always verify against the source below.
Official summary
Cyber Privacy Fortification Act of 2015
Amends the federal criminal code to provide criminal penalties for intentional failures to provide required notices of a security breach involving sensitive personally identifiable information. Defines "sensitive personally identifiable information" as specified electronic or digital information.
Defines "security breach" as a compromise of the security, confidentiality, or integrity of computerized data that there is reason to believe has resulted in improper access to sensitive personally identifiable information.
Requires a person who owns or possesses data in electronic form containing a means of identification and who has knowledge of a major security breach of the system containing such data maintained by such person to provide prompt notice to the U.S. Secret Service or the Federal Bureau of Investigation.
Defines "major security breach" as any security breach that involves: (1) a means of identification pertaining to at least 10,000 individuals that is reasonably believed to have been acquired, (2) databases owned by the federal government, or (3) a means of identification of federal employees or contractors involved in national security matters or law enforcement.
Authorizes the Attorney General and any state attorney general to bring civil actions and obtain injunctive relief for violations of federal laws relating to data security.
Requires federal agencies as part of their rulemaking process to prepare and make available to the public privacy impact assessments that describe the impact of certain proposed and final agency rules on the privacy of individuals.
Sets forth authority for agencies to waive or delay certain privacy impact assessment requirements for emergencies and national security reasons.
Timeline
22 Jan 2015
Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Common questions
- What does H.R. 104 do?
- H.R. 104, the Cyber Privacy Fortification Act of 2015, would establish new penalties for failing to report significant data security breaches. It would specifically criminalize intentionally failing to provide required notices of a security breach involving "sensitive personally identifiable information." This term is defined to include various forms of electronic or digital information such as names, addresses, Social Security numbers, biometric data, and financial account details when combined with security codes. The bill also requires organizations possessing electronic data containing an individual's means of identification to promptly notify the U.S. Secret Service or the FBI in the event of a "major security breach." A major security breach is defined as one involving data for 10,000 or more individuals, federal government databases, or identification information of federal employees or contractors involved in national security or law enforcement. Additionally, the bill would allow the Attorney General and state attorneys general to bring civil actions and seek injunctions for violations of future federal data security laws. It also mandates that federal agencies, as part of their rulemaking process, prepare and release "privacy impact assessments" detailing how proposed rules might affect individual privacy. Agencies would have the authority to waive or delay these assessments for emergencies or national security reasons. Federal agencies would also be required to periodically review their existing rules that significantly impact privacy and consider amending or rescinding them if privacy impacts can be minimized while complying with laws. Individuals affected by final agency actions on these rules would have access to judicial review. This bill was introduced in the House of Representatives on January 6, 2015, and its current status is "Introduced." This means it has been proposed but has not yet been passed by either the House or the Senate, nor has it been signed into law by the President. Following introduction, bills are typically referred to relevant committees for consideration, and further action would depend on committee review and potential votes.
- Has H.R. 104 become law?
- The source does not supply a confirmed lifecycle stage for H.R. 104. Check the latest action and official source below.
- Who sponsored H.R. 104?
- H.R. 104 was sponsored by Rep. Conyers, John, Jr. [D-MI-13] (D-MI), with 1 cosponsor.
- What's the latest action on H.R. 104?
- Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. (22 Jan 2015).
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