Personal Data Privacy and Security Act of 2005

Bill: 109-s-1332
Sponsor: Sen. Specter, Arlen [R-PA]
Introduced: 2005-06-29 in the Senate
Policy area: Civil Rights and Liberties, Minority Issues
Subjects: Auditing
Business records
Checks
Civil actions and liability
Commerce
Computer crimes
Computer security measures
Congress
Congressional investigations
Congressional reporting requirements
Consumer credit
Consumer education
Crime and Law Enforcement
Damages
Data banks
Department of Justice
Economics and Public Finance
Executive reorganization
Federal aid to law enforcement
Federal officials
Federal preemption
Finance and Financial Sector
Fines (Penalties)
Fraud
Government Operations and Politics
Government contractors
Governmental investigations
Identification devices
Identity theft
Injunctions
Law
Legislation
Obstruction of justice
Organized crime
Parties to actions
Postal service
Prison labor
Public records
Punitive damages
Right of privacy
Science, Technology, Communications
Social Welfare
Social security numbers
State laws
Victims of crimes

Summary:
action_date: 2005-06-29
text: 
Personal Data Privacy and Security Act of 2005 - Amends the federal criminal code to prohibit: (1) intentionally accessing a computer without authorization, thereby obtaining data broker information; (2) concealing security breaches involving personally identifiable information (personal information); and (3) unlawfully accessing another's means of identification during a felony involving computers. Amends the Racketeer Influenced and Corrupt Organizations Act to cover fraud in connection with such unauthorized access. Directs the U.S. Sentencing Commission to amend the sentencing guidelines regarding identity theft.
 
Requires a data broker to: (1) disclose to an individual, upon request, personal electronic records pertaining to such individual maintained for disclosure to third parties; and (2) publish on its website procedures for responding to claims of inaccuracies. 
 
Establishes safeguards to protect the privacy and security of personal information applicable to certain business entities, which shall: (1) notify specified parties of security breaches; and (2) offer to cover specified costs for affected U.S. residents. 
 
Requires: (1) the Department of Justice to contract with the National Research Council to study securing personal information; (2) the Comptroller General to study social security number uses and federal use of commercial databases; and (3) the Administrator of the General Services Administration to evaluate contractor programs.
 
Prohibits without consent (with exceptions): (1) the display of an individual's social security number to a third party; and (2) the sale or purchase of such number. Amends the Social Security Act to restrict social security number use by businesses and the government.
 
Sets remedies for violations of this Act.


Legislative actions:
action_date: 2005-07-01
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 151.
action_date: 2005-06-29
text: Introduced in the Senate. Read the first time. Placed on Senate Legislative Calendar under Read the First Time. (text of measure as introduced: CR S7622-7631)
action_date: 2005-06-29
text: Sponsor introductory remarks on measure. (CR S7620-7622)
action_date: 2005-06-29
text: Introduced in Senate