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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1841 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 1841

  To protect consumers by requiring reasonable security policies and 
      procedures to protect computerized data containing personal 
  information, and to provide for nationwide notice in the event of a 
                            security breach.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                              May 11, 2011

  Mr. Stearns (for himself and Mr. Matheson) introduced the following 
    bill; which was referred to the Committee on Energy and Commerce

_______________________________________________________________________

                                 A BILL

 
  To protect consumers by requiring reasonable security policies and 
      procedures to protect computerized data containing personal 
  information, and to provide for nationwide notice in the event of a 
                            security breach.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Data Accountability and Trust Act 
(DATA) of 2011''.

SEC. 2. REQUIREMENTS FOR INFORMATION SECURITY.

    (a) General Security Policies and Procedures.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall promulgate 
        regulations under section 553 of title 5, United States Code, 
        to require each person engaged in interstate commerce that owns 
        or possesses data in electronic form containing personal 
        information, or contracts to have any third party entity 
        maintain such data for such person, to establish and implement 
        policies and procedures regarding information security 
        practices for the treatment and protection of personal 
        information taking into consideration--
                    (A) the size of, and the nature, scope, and 
                complexity of the activities engaged in by, such 
                person;
                    (B) the current state of the art in administrative, 
                technical, and physical safeguards for protecting such 
                information; and
                    (C) the cost of implementing such safeguards.
            (2) Requirements.--Such regulations shall require the 
        policies and procedures to include the following:
                    (A) A security policy with respect to the 
                collection, use, sale, other dissemination, and 
                maintenance of such personal information.
                    (B) The identification of an officer or other 
                individual as the point of contact with responsibility 
                for the management of information security.
                    (C) A process for identifying and assessing any 
                reasonably foreseeable vulnerabilities in the system 
                maintained by such person that contains such electronic 
                data, which shall include regular monitoring for a 
                breach of security of such system.
                    (D) A process for taking preventive and corrective 
                action to mitigate against any vulnerabilities 
                identified in the process required by subparagraph (C), 
                which may include implementing any changes to security 
                practices and the architecture, installation, or 
                implementation of network or operating software.
                    (E) A process for disposing of obsolete data in 
                electronic form containing personal information by 
                shredding, permanently erasing, or otherwise modifying 
                the personal information contained in such data to make 
                such personal information permanently unreadable or 
                undecipherable.
            (3) Treatment of entities governed by other law.--In 
        promulgating the regulations under this subsection, the 
        Commission may determine to be in compliance with this 
        subsection any person who is required under any other Federal 
        law to maintain standards and safeguards for information 
        security and protection of personal information that provide 
        equal or greater protection than those required under this 
        subsection.
    (b) Destruction of Obsolete Paper Records Containing Personal 
Information.--
            (1) Study.--Not later than 1 year after the date of 
        enactment of this Act, the Commission shall conduct a study on 
        the practicality of requiring a standard method or methods for 
        the destruction of obsolete paper documents and other non-
        electronic data containing personal information by persons 
        engaged in interstate commerce who own or possess such paper 
        documents and non-electronic data. The study shall consider the 
        cost, benefit, feasibility, and effect of a requirement of 
        shredding or other permanent destruction of such paper 
        documents and non-electronic data.
            (2) Regulations.--The Commission may promulgate regulations 
        under section 553 of title 5, United States Code, requiring a 
        standard method or methods for the destruction of obsolete 
        paper documents and other non-electronic data containing 
        personal information by persons engaged in interstate commerce 
        who own or possess such paper documents and non-electronic data 
        if the Commission finds that--
                    (A) the improper disposal of obsolete paper 
                documents and other non-electronic data creates a 
                reasonable risk of identity theft, fraud, or other 
                unlawful conduct;
                    (B) such a requirement would be effective in 
                preventing identity theft, fraud, or other unlawful 
                conduct;
                    (C) the benefit in preventing identity theft, 
                fraud, or other unlawful conduct would outweigh the 
                cost to persons subject to such a requirement; and
                    (D) compliance with such a requirement would be 
                practicable.
        In enforcing any such regulations, the Commission may determine 
        to be in compliance with such regulations any person who is 
        required under any other Federal law to dispose of obsolete 
        paper documents and other non-electronic data containing 
        personal information if such other Federal law provides equal 
        or greater protection of personal information than the 
        regulations promulgated under this subsection.
    (c) Special Requirements for Information Brokers.--
            (1) Submission of policies to the ftc.--The regulations 
        promulgated under subsection (a) shall require information 
        brokers to submit their security policies to the Commission in 
        conjunction with a notification of a breach of security under 
        section 3 or upon request of the Commission.
            (2) Post-breach audit.--For any information broker required 
        to provide notification under section 3, the Commission shall 
        conduct an audit of the information security practices of such 
        information broker, or require the information broker to 
        conduct an independent audit of such practices (by an 
        independent auditor who has not audited such information 
        broker's security practices during the preceding 5 years). The 
        Commission may conduct or require additional audits for a 
        period of 5 years following the breach of security or until the 
        Commission determines that the security practices of the 
        information broker are in compliance with the requirements of 
        this section and are adequate to prevent further breaches of 
        security.
            (3) Verification of and individual access to personal 
        information.--
                    (A) Verification.--Each information broker shall 
                establish reasonable procedures to verify the accuracy 
                of the personal information it collects, assembles, or 
                maintains, and any other information it collects, 
                assembles, or maintains that specifically identifies an 
                individual, other than information which merely 
                identifies an individual's name or address.
                    (B) Consumer access to information.--
                            (i) Access.--Each information broker 
                        shall--
                                    (I) provide to each individual 
                                whose personal information it 
                                maintains, at the individual's request 
                                at least 1 time per year and at no cost 
                                to the individual, and after verifying 
                                the identity of such individual, a 
                                means for the individual to review any 
                                personal information regarding such 
                                individual maintained by the 
                                information broker and any other 
                                information maintained by the 
                                information broker that specifically 
                                identifies such individual, other than 
                                information which merely identifies an 
                                individual's name or address; and
                                    (II) place a conspicuous notice on 
                                its Internet website (if the 
                                information broker maintains such a 
                                website) instructing individuals how to 
                                request access to the information 
                                required to be provided under subclause 
                                (I).
                            (ii) Disputed information.--Whenever an 
                        individual whose information the information 
                        broker maintains makes a written request 
                        disputing the accuracy of any such information, 
                        the information broker, after verifying the 
                        identity of the individual making such request 
                        and unless there are reasonable grounds to 
                        believe such request is frivolous or 
                        irrelevant, shall--
                                    (I) correct any inaccuracy; or
                                    (II)(aa) in the case of information 
                                that is public record information, 
                                inform the individual of the source of 
                                the information, and, if reasonably 
                                available, where a request for 
                                correction may be directed; or
                                    (bb) in the case of information 
                                that is non-public information, note 
                                the information that is disputed, 
                                including the individual's statement 
                                disputing such information, and take 
                                reasonable steps to independently 
                                verify such information under the 
                                procedures outlined in subparagraph (A) 
                                if such information can be 
                                independently verified.
                            (iii) Limitations.--An information broker 
                        may limit the access to information required 
                        under subparagraph (B) in the following 
                        circumstances:
                                    (I) If access of the individual to 
                                the information is limited by law or 
                                legally recognized privilege.
                                    (II) If the information is used for 
                                a legitimate governmental or fraud 
                                prevention purpose that would be 
                                compromised by such access.
                            (iv) Rulemaking.--The Commission shall 
                        issue regulations, as necessary, under section 
                        553 of title 5, United States Code, on the 
                        application of the limitations in clause (iii).
                    (C) Treatment of entities governed by other law.--
                The Commission may promulgate rules (under section 553 
                of title 5, United States Code) to determine to be in 
                compliance with this paragraph any person who is a 
                consumer reporting agency, as defined in section 603(f) 
                of the Fair Credit Reporting Act (15 U.S.C. 1681a(f)), 
                with respect to those products and services that are 
                subject to and in compliance with the requirements of 
                that Act.
            (4) Requirement of audit log of accessed and transmitted 
        information.--Not later than 1 year after the date of the 
        enactment of this Act, the Commission shall promulgate 
        regulations under section 553 of title 5, United States Code, 
        to require information brokers to establish measures which 
        facilitate the auditing or retracing of any internal or 
        external access to, or transmissions of, any data in electronic 
        form containing personal information collected, assembled, or 
        maintained by such information broker.
            (5) Prohibition on pretexting by information brokers.--
                    (A) Prohibition on obtaining personal information 
                by false pretenses.--It shall be unlawful for an 
                information broker to obtain or attempt to obtain, or 
                cause to be disclosed or attempt to cause to be 
                disclosed to any person, personal information or any 
                other information relating to any person by--
                            (i) making a false, fictitious, or 
                        fraudulent statement or representation to any 
                        person; or
                            (ii) providing any document or other 
                        information to any person that the information 
                        broker knows or should know to be forged, 
                        counterfeit, lost, stolen, or fraudulently 
                        obtained, or to contain a false, fictitious, or 
                        fraudulent statement or representation.
                    (B) Prohibition on solicitation to obtain personal 
                information under false pretenses.--It shall be 
                unlawful for an information broker to request a person 
                to obtain personal information or any other information 
                relating to any other person, if the information broker 
                knew or should have known that the person to whom such 
                a request is made will obtain or attempt to obtain such 
                information in the manner described in subparagraph 
                (A).
    (d) Exemption for Telecommunications Carrier, Cable Operator, 
Provider of Information Service, or Interactive Computer Service.--
Nothing in this section shall apply to any electronic communication by 
a third party stored by a telecommunications carrier (as defined in 
section 3 of the Communications Act of 1934 (47 U.S.C. 153)), cable 
operator (as defined in section 602 of such Act (47 U.S.C. 522)), 
provider of information service (as defined in such section 3), or 
interactive computer service (as defined in section 230(f)(2) of such 
Act (47 U.S.C. 230(f)(2))).

SEC. 3. NOTIFICATION OF INFORMATION SECURITY BREACH.

    (a) Nationwide Notification.--Any person engaged in interstate 
commerce that owns or possesses data in electronic form containing 
personal information shall, following the discovery of a breach of 
security of the system maintained by such person that contains such 
data--
            (1) notify each individual who is a citizen or resident of 
        the United States whose personal information was acquired by an 
        unauthorized person as a result of such a breach of security; 
        and
            (2) notify the Commission.
    (b) Special Notification Requirement for Certain Entities.--
            (1) Third party agents.--In the event of a breach of 
        security by any third party entity that has been contracted to 
        maintain or process data in electronic form containing personal 
        information on behalf of any other person who owns or possesses 
        such data, such third party entity shall be required only to 
        notify such person of the breach of security. Upon receiving 
        such notification from such third party, such person shall 
        provide the notification required under subsection (a).
            (2) Telecommunications carriers, cable operators, providers 
        of information service, and interactive computer services.--If 
        a telecommunications carrier (as defined in section 3 of the 
        Communications Act of 1934 (47 U.S.C. 153)), cable operator (as 
        defined in section 602 of such Act (47 U.S.C. 522)), provider 
        of information service (as defined in such section 3), or 
        interactive computer service (as defined in section 230(f)(2) 
        of such Act (47 U.S.C. 230(f)(2))) becomes aware of a breach of 
        security during the transmission of data in electronic form 
        containing personal information that is owned or possessed by 
        another person utilizing the means of transmission of such 
        telecommunications carrier, cable operator, provider of 
        information service, or interactive computer service, such 
        telecommunications carrier, cable operator, provider of 
        information service, or interactive computer service shall be 
        required only to notify the person who initiated such 
        transmission of such a breach of security if such person can be 
        reasonably identified. Upon receiving such notification from a 
        telecommunications carrier, cable operator, provider of 
        information service, or interactive computer service, such 
        person shall provide the notification required under subsection 
        (a). Notwithstanding section 5(a)(2) of the Federal Trade 
        Commission Act (15 U.S.C. 45(a)(2)), the Commission shall have 
        the authority to enforce this paragraph with respect to a 
        telecommunications carrier.
            (3) Breach of health information.--If the Commission 
        receives a notification of a breach of security and determines 
        that information included in such breach is individually 
        identifiable health information (as such term is defined in 
        section 1171(6) of the Social Security Act (42 U.S.C. 
        1320d(6))), the Commission shall send a copy of such 
        notification to the Secretary of Health and Human Services.
    (c) Timeliness of Notification.--All notifications required under 
subsection (a) shall be made as promptly as possible and without 
unreasonable delay following the discovery of a breach of security of 
the system and consistent with any measures necessary to determine the 
scope of the breach, prevent further breach or unauthorized 
disclosures, and reasonably restore the integrity of the data system.
    (d) Method and Content of Notification.--
            (1) Direct notification.--
                    (A) Method of notification.--A person required to 
                provide notification to individuals under subsection 
                (a)(1) shall be in compliance with such requirement if 
                the person provides conspicuous and clearly identified 
                notification by one of the following methods (provided 
                the selected method can reasonably be expected to reach 
                the intended individual):
                            (i) Written notification.
                            (ii) Email notification, if--
                                    (I) the person's primary method of 
                                communication with the individual is by 
                                email; or
                                    (II) the individual has consented 
                                to receive such notification and the 
                                notification is provided in a manner 
                                that is consistent with the provisions 
                                permitting electronic transmission of 
                                notices under section 101 of the 
                                Electronic Signatures in Global and 
                                National Commerce Act (15 U.S.C. 7001).
                    (B) Content of notification.--Regardless of the 
                method by which notification is provided to an 
                individual under subparagraph (A), such notification 
                shall include--
                            (i) a description of the personal 
                        information that was acquired by an 
                        unauthorized person;
                            (ii) a telephone number that the individual 
                        may use, at no cost to such individual, to 
                        contact the person to inquire about the breach 
                        of security or the information the person 
                        maintained about that individual;
                            (iii) notice that the individual is 
                        entitled to receive, at no cost to such 
                        individual, consumer credit reports on a 
                        quarterly basis for a period of 2 years, and 
                        instructions to the individual on requesting 
                        such reports from the person;
                            (iv) the toll-free contact telephone 
                        numbers and addresses for the major credit 
                        reporting agencies; and
                            (v) a toll-free telephone number and 
                        Internet website address for the Commission 
                        whereby the individual may obtain information 
                        regarding identity theft.
            (2) Substitute notification.--
                    (A) Circumstances giving rise to substitute 
                notification.--A person required to provide 
                notification to individuals under subsection (a)(1) may 
                provide substitute notification in lieu of the direct 
                notification required by paragraph (1) if--
                            (i) the person owns or possesses data in 
                        electronic form containing personal information 
                        of fewer than 1,000 individuals; and
                            (ii) such direct notification is not 
                        feasible due to--
                                    (I) excessive cost to the person 
                                required to provide such notification 
                                relative to the resources of such 
                                person, as determined in accordance 
                                with the regulations issued by the 
                                Commission under paragraph (3)(A); or
                                    (II) lack of sufficient contact 
                                information for the individual required 
                                to be notified.
                    (B) Form of substitute notice.--Such substitute 
                notification shall include--
                            (i) email notification to the extent that 
                        the person has email addresses of individuals 
                        to whom it is required to provide notification 
                        under subsection (a)(1);
                            (ii) a conspicuous notice on the Internet 
                        website of the person (if such person maintains 
                        such a website); and
                            (iii) notification in print and to 
                        broadcast media, including major media in 
                        metropolitan and rural areas where the 
                        individuals whose personal information was 
                        acquired reside.
                    (C) Content of substitute notice.--Each form of 
                substitute notice under this paragraph shall include--
                            (i) notice that individuals whose personal 
                        information is included in the breach of 
                        security are entitled to receive, at no cost to 
                        the individuals, consumer credit reports on a 
                        quarterly basis for a period of 2 years, and 
                        instructions on requesting such reports from 
                        the person; and
                            (ii) a telephone number by which an 
                        individual can, at no cost to such individual, 
                        learn whether that individual's personal 
                        information is included in the breach of 
                        security.
            (3) Federal trade commission regulations and guidance.--
                    (A) Regulations.--Not later than 1 year after the 
                date of enactment of this Act, the Commission shall, by 
                regulations under section 553 of title 5, United States 
                Code, establish criteria for determining the 
                circumstances under which substitute notification may 
                be provided under paragraph (2), including criteria for 
                determining if notification under paragraph (1) is not 
                feasible due to excessive cost to the person required 
                to provide such notification relative to the resources 
                of such person.
                    (B) Guidance.--In addition, the Commission shall 
                provide and publish general guidance with respect to 
                compliance with this section. Such guidance shall 
                include--
                            (i) a description of written or email 
                        notification that complies with the 
                        requirements of paragraph (1); and
                            (ii) guidance on the content of substitute 
                        notification under paragraph (2)(B), including 
                        the extent of notification to print and 
                        broadcast media that complies with the 
                        requirements of such paragraph.
    (e) Other Obligations Following Breach.--A person required to 
provide notification under subsection (a) shall, upon request of an 
individual whose personal information was included in the breach of 
security, provide or arrange for the provision of, to each such 
individual and at no cost to such individual, consumer credit reports 
from at least one of the major credit reporting agencies beginning not 
later than 2 months following the discovery of a breach of security and 
continuing on a quarterly basis for a period of 2 years thereafter.
    (f) Exemption.--
            (1) General exemption.--A person shall be exempt from the 
        requirements under this section if, following a breach of 
        security, such person determines that there is no reasonable 
        risk of identity theft, fraud, or other unlawful conduct.
            (2) Presumptions.--
                    (A) Encryption.--The encryption of data in 
                electronic form shall establish a presumption that no 
                reasonable risk of identity theft, fraud, or other 
                unlawful conduct exists following a breach of security 
                of such data. Any such presumption may be rebutted by 
                facts demonstrating that the encryption has been or is 
                reasonably likely to be compromised.
                    (B) Additional methodologies or technologies.--Not 
                later than 270 days after the date of the enactment of 
                this Act, the Commission shall, by rule pursuant to 
                section 553 of title 5, United States Code, identify 
                any additional security methodology or technology, 
                other than encryption, which renders data in electronic 
                form unreadable or indecipherable, that shall, if 
                applied to such data, establish a presumption that no 
                reasonable risk of identity theft, fraud, or other 
                unlawful conduct exists following a breach of security 
                of such data. Any such presumption may be rebutted by 
                facts demonstrating that any such methodology or 
                technology has been or is reasonably likely to be 
                compromised. In promulgating such a rule, the 
                Commission shall consult with relevant industries, 
                consumer organizations, and data security and identity 
                theft prevention experts and established standards 
                setting bodies.
            (3) FTC guidance.--Not later than 1 year after the date of 
        the enactment of this Act, the Commission shall issue guidance 
        regarding the application of the exemption in paragraph (1).
    (g) Website Notice of Federal Trade Commission.--If the Commission, 
upon receiving notification of any breach of security that is reported 
to the Commission under subsection (a)(2), finds that notification of 
such a breach of security via the Commission's Internet website would 
be in the public interest or is necessary for the protection of 
consumers, the Commission shall place such a notice in a clear and 
conspicuous location on its Internet website.
    (h) FTC Study on Notification in Languages in Addition to 
English.--Not later than 1 year after the date of enactment of this 
Act, the Commission shall conduct a study on the practicality and cost 
effectiveness of requiring the notification required by subsection 
(d)(1) to be provided in a language in addition to English to 
individuals known to speak only such other language.

SEC. 4. ENFORCEMENT.

    (a) Enforcement by the Federal Trade Commission.--
            (1) Unfair or deceptive acts or practices.--A violation of 
        section 2 or 3 shall be treated as an unfair and deceptive act 
        or practice in violation of a regulation under section 
        18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 
        57a(a)(1)(B)) regarding unfair or deceptive acts or practices.
            (2) Powers of commission.--The Commission shall enforce 
        this Act in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though all applicable 
        terms and provisions of the Federal Trade Commission Act (15 
        U.S.C. 41 et seq.) were incorporated into and made a part of 
        this Act. Any person who violates such regulations shall be 
        subject to the penalties and entitled to the privileges and 
        immunities provided in that Act.
            (3) Rules.--
                    (A) In general.--The Commission shall promulgate, 
                under section 553 of title 5, United States Code, such 
                rules as may be necessary to carry out the provisions 
                of this Act.
                    (B) Limitation.--In promulgating rules under this 
                Act, the Commission shall not require the deployment or 
                use of any specific products or technologies, including 
                any specific computer software or hardware.
    (b) Enforcement by State Attorneys General.--
            (1) Civil action.--In any case in which the attorney 
        general of a State, or an official or agency of a State, has 
        reason to believe that an interest of the residents of that 
        State has been or is threatened or adversely affected by any 
        person who violates section 2 or 3 of this Act, the attorney 
        general, official, or agency of the State, as parens patriae, 
        may bring a civil action on behalf of the residents of the 
        State in a district court of the United States of appropriate 
        jurisdiction--
                    (A) to enjoin further violation of such section by 
                the defendant;
                    (B) to compel compliance with such section; or
                    (C) to obtain civil penalties in the amount 
                determined under paragraph (2).
            (2) Civil penalties.--
                    (A) Calculation.--
                            (i) Treatment of violations of section 2.--
                        For purposes of paragraph (1)(C) with regard to 
                        a violation of section 2, the amount determined 
                        under this paragraph is the amount calculated 
                        by multiplying the number of violations of such 
                        section by an amount not greater than $11,000. 
                        Each day that a person is not in compliance 
                        with the requirements of such section shall be 
                        treated as a separate violation. The maximum 
                        civil penalty calculated under this clause 
                        shall not exceed $5,000,000.
                            (ii) Treatment of violations of section 
                        3.--For purposes of paragraph (1)(C) with 
                        regard to a violation of section 3, the amount 
                        determined under this paragraph is the amount 
                        calculated by multiplying the number of 
                        violations of such section by an amount not 
                        greater than $11,000. Each failure to send 
                        notification as required under section 3 to a 
                        resident of the State shall be treated as a 
                        separate violation. The maximum civil penalty 
                        calculated under this clause shall not exceed 
                        $5,000,000.
                    (B) Adjustment for inflation.--Beginning on the 
                date that the Consumer Price Index is first published 
                by the Bureau of Labor Statistics that is after 1 year 
                after the date of enactment of this Act, and each year 
                thereafter, the amounts specified in clauses (i) and 
                (ii) of subparagraph (A) shall be increased by the 
                percentage increase in the Consumer Price Index 
                published on that date from the Consumer Price Index 
                published the previous year.
            (3) Intervention by the ftc.--
                    (A) Notice and intervention.--The State shall 
                provide prior written notice of any action under 
                paragraph (1) to the Commission and provide the 
                Commission with a copy of its complaint, except in any 
                case in which such prior notice is not feasible, in 
                which case the State shall serve such notice 
                immediately upon instituting such action. The 
                Commission shall have the right--
                            (i) to intervene in the action;
                            (ii) upon so intervening, to be heard on 
                        all matters arising therein; and
                            (iii) to file petitions for appeal.
                    (B) Limitation on state action while federal action 
                is pending.--If the Commission has instituted a civil 
                action for violation of this Act, no State attorney 
                general, or official or agency of a State, may bring an 
                action under this subsection during the pendency of 
                that action against any defendant named in the 
                complaint of the Commission for any violation of this 
                Act alleged in the complaint.
            (4) Construction.--For purposes of bringing any civil 
        action under paragraph (1), nothing in this Act shall be 
        construed to prevent an attorney general of a State from 
        exercising the powers conferred on the attorney general by the 
        laws of that State to--
                    (A) conduct investigations;
                    (B) administer oaths or affirmations; or
                    (C) compel the attendance of witnesses or the 
                production of documentary and other evidence.
    (c) Affirmative Defense for a Violation of Section 3.--It shall be 
an affirmative defense to an enforcement action brought under 
subsection (a), or a civil action brought under subsection (b), based 
on a violation of section 3, that all of the personal information 
contained in the data in electronic form that was acquired as a result 
of a breach of security of the defendant is public record information 
that is lawfully made available to the general public from Federal, 
State, or local government records and was acquired by the defendant 
from such records.

SEC. 5. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Breach of security.--The term ``breach of security'' 
        means the unauthorized acquisition of data in electronic form 
        containing personal information.
            (2) Commission.--The term ``Commission'' means the Federal 
        Trade Commission.
            (3) Data in electronic form.--The term ``data in electronic 
        form'' means any data stored electronically or digitally on any 
        computer system or other database and includes recordable tapes 
        and other mass storage devices.
            (4) Encryption.--The term ``encryption'' means the 
        protection of data in electronic form in storage or in transit 
        using an encryption technology that has been adopted by an 
        established standards setting body which renders such data 
        indecipherable in the absence of associated cryptographic keys 
        necessary to enable decryption of such data. Such encryption 
        must include appropriate management and safeguards of such keys 
        to protect the integrity of the encryption.
            (5) Identity theft.--The term ``identity theft'' means the 
        unauthorized use of another person's personal information for 
        the purpose of engaging in commercial transactions under the 
        name of such other person.
            (6) Information broker.--The term ``information broker'' 
        means a commercial entity whose business is to collect, 
        assemble, or maintain personal information concerning 
        individuals who are not current or former customers of such 
        entity in order to sell such information or provide access to 
        such information to any nonaffiliated third party in exchange 
        for consideration, whether such collection, assembly, or 
        maintenance of personal information is performed by the 
        information broker directly, or by contract or subcontract with 
        any other entity.
            (7) Personal information.--
                    (A) Definition.--The term ``personal information'' 
                means an individual's first name or initial and last 
                name, or address, or phone number, in combination with 
                any 1 or more of the following data elements for that 
                individual:
                            (i) Social Security number.
                            (ii) Driver's license number or other State 
                        identification number.
                            (iii) Financial account number, or credit 
                        or debit card number, and any required security 
                        code, access code, or password that is 
                        necessary to permit access to an individual's 
                        financial account.
                    (B) Modified definition by rulemaking.--The 
                Commission may, by rule, modify the definition of 
                ``personal information'' under subparagraph (A) to the 
                extent that such modification is necessary to 
                accommodate changes in technology or practices, will 
                not unreasonably impede interstate commerce, and will 
                accomplish the purposes of this Act.
            (8) Public record information.--The term ``public record 
        information'' means information about an individual which has 
        been obtained originally from records of a Federal, State, or 
        local government entity that are available for public 
        inspection.
            (9) Non-public information.--The term ``non-public 
        information'' means information about an individual that is of 
        a private nature and neither available to the general public 
        nor obtained from a public record.

SEC. 6. EFFECT ON OTHER LAWS.

    (a) Preemption of State Information Security Laws.--This Act 
supersedes any provision of a statute, regulation, or rule of a State 
or political subdivision of a State, with respect to those entities 
covered by the regulations issued pursuant to this Act, that 
expressly--
            (1) requires information security practices and treatment 
        of data in electronic form containing personal information 
        similar to any of those required under section 2; and
            (2) requires notification to individuals of a breach of 
        security resulting in unauthorized acquisition of data in 
        electronic form containing personal information.
    (b) Additional Preemption.--
            (1) In general.--No person other than the attorney general 
        of a State may bring a civil action under the laws of any State 
        if such action is premised in whole or in part upon the 
        defendant violating any provision of this Act.
            (2) Protection of consumer protection laws.--This 
        subsection shall not be construed to limit the enforcement of 
        any State consumer protection law by an attorney general of a 
        State.
    (c) Protection of Certain State Laws.--This Act shall not be 
construed to preempt the applicability of--
            (1) State trespass, contract, or tort law; or
            (2) other State laws to the extent that those laws relate 
        to acts of fraud.
    (d) Preservation of FTC Authority.--Nothing in this Act may be 
construed in any way to limit or affect the Commission's authority 
under any other provision of law, including the authority to issue 
advisory opinions (under subpart A of part 1 of title 16, Code of 
Federal Regulations), policy statements, or guidance regarding this 
Act.

SEC. 7. EFFECTIVE DATE AND SUNSET.

    (a) Effective Date.--This Act shall take effect 1 year after the 
date of enactment of this Act.
    (b) Sunset.--This Act shall cease to be in effect on September 30, 
2016.

SEC. 8. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Commission $1,000,000 
for each of fiscal years 2012 through 2016 to carry out this Act.
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