Privacy Act of 2005

Bill: 109-s-116
Sponsor: Sen. Feinstein, Dianne [D-CA]
Introduced: 2005-01-24 in the Senate
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Administrative procedure
Administrative remedies
Armed Forces and National Security
Bank records
Business records
Checks
Civil actions and liability
Collection of accounts
Commerce
Congress
Congressional investigations
Congressional reporting requirements
Consumer education
Consumer protection
Cost effectiveness
Counterfeiting
Credit cards
Credit unions
Crime and Law Enforcement
Criminal justice information
Damages
Department of Health and Human Services
Department of Justice
Department of the Treasury
Disciplining of employees
Discrimination in employment
Dismissal of employees
Driver licenses
Education
Electronic commerce
Electronic mail systems
Elementary and secondary education
Employee health benefits
Employee rights
Federal Deposit Insurance Corporation
Federal Trade Commission
Federal preemption
Finance and Financial Sector
Fines (Penalties)
Fraud
Government Operations and Politics
Government corporations
Government paperwork
Governmental investigations
Health
Health information systems
Health insurance
Higher education
History
Identification devices
Identity theft
Independent regulatory commissions
Injunctions
Insurance companies
Internet
Judicial review
Labor and Employment
Larceny
Law
Legislation
Life insurance
Limitation of actions
Marketing
Medical records
Misconduct in office
Motor vehicle registration
National Credit Union Administration
Old age, survivors and disability insurance
Parties to actions
Personnel records
Photography
Public records
Restrictive trade practices
Right of privacy
Sales promotion
Savings and loan associations
Science, Technology, Communications
Securities and Exchange Commission
Social Welfare
Social security numbers
Stalking
State laws
Student records
Supplemental security income program
Telephone
Transportation and Public Works
Veterans' benefits
Vital statistics
Welfare fraud
Whistle blowing
World War II

Summary:
action_date: 2005-01-24
text: 
Privacy Act of 2005 - Prohibits the sale and disclosure of personally identifiable information by a commercial entity to a non-affiliated third party unless prescribed procedures for notice and opportunity to restrict such disclosure have been followed. Grants the Federal Trade Commission enforcement authority.
 
Amends Federal criminal law to prohibit the display, sale, or purchase of social security numbers (SSNs) without the affirmatively expressed consent of the individual. Exempts certain public records containing SSNs from such prohibition, but extends it to the display, sale, or purchase of SSNs within specified public records.
 
Amends Title II (Old Age, Survivors and Disability Insurance) of the Social Security Act to prohibit the use of SSNs on: (1) checks issued for payment by governmental agencies; and (2) driver's licenses or motor vehicle registrations. Prohibits a commercial entity from requiring disclosure of an individual's SSN in order to obtain goods or services. Establishes criminal and civil monetary penalties for misuse of an SSN.
 
Amends the Gramm-Leach-Bliley Act to make conforming limitations upon financial industry sale and sharing of non-public personal financial information. Sets forth prohibitions against the selling or marketing of protected health information by specified entities.
 
Amends the Driver's Privacy Protection Act relating to proscriptions against release and use of certain personal information from State motor vehicle records to expand the definition of such personal information, and to include highly restricted personal information (such as an individual's photograph or any physical copy of a driver's license) among such proscriptions. 
 
Empowers State Attorneys General to enforce this Act. Establishes Federal injunctive authority regarding any violation of this Act.


Legislative actions:
action_date: 2005-01-24
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S291-300)
action_date: 2005-01-24
text: Sponsor introductory remarks on measure. (CR S289-291)
action_date: 2005-01-24
text: Introduced in Senate