Notification of Risk to Personal Data Act

Bill: 109-hr-1069
Sponsor: Rep. Bean, Melissa L. [D-IL-8]
Introduced: 2005-03-03 in the House
Policy area: Commerce
Subjects: Bank accounts
Bank records
Business records
Civil actions and liability
Computer hackers
Computer security measures
Congress
Congressional reporting requirements
Consumer credit
Consumer education
Consumer protection
Credit cards
Crime and Law Enforcement
Criminal investigation
Criminal justice information
Damages
Data banks
Debit cards
Electronic data interchange
Electronic mail systems
Federal preemption
Federal-state relations
Finance and Financial Sector
Financial institutions
Financial statements
Fines (Penalties)
Fraud
Government Operations and Politics
Government paperwork
Government publicity
Identification devices
Identity theft
Injunctions
Internet
Law
Local laws
Mass media
Science, Technology, Communications
Social Welfare
Social security numbers
State laws
Web sites

Summary:
action_date: 2005-03-03
text: 
Notification of Risk to Personal Data Act - Prescribes notification procedures governing any agency, or person engaged in interstate commerce, that owns or licenses electronic data containing personal information, following the discovery of a breach of security of the system containing such data.
 
Amends the Gramm-Leach-Bliley Act to require a financial institution, at which a breach of personal information is reasonably believed to have occurred, to promptly notify: (1) each affected customer; (2) each pertinent consumer reporting agency; (3) the information clearinghouse established by the Federal Trade Commission (FTC) under this Act; and (4) appropriate law enforcement agencies in any case in which the financial institution has reason to believe that the breach or suspected breach affects a large number of customers.
 
Requires any person that maintains personal information for or on behalf of a financial institution to notify promptly the financial institution of any case in which such customer information has been, or is reasonably believed to have been, breached.
 
Amends the Fair Credit Reporting Act to require a consumer reporting agency to maintain a fraud alert file with respect to any consumer upon receiving notice of a breach of personal information from: (1) an agency or person engaged in interstate commerce pursuant to this Act; or (2) a financial institution subject to the Gramm-Leach-Bliley Act.
 
Authorizes State Attorneys General to bring civil actions in Federal district court to enforce this Act on behalf of the residents of the State.
 
Directs the FTC to establish and maintain a clearinghouse to collect and analyze information required under this Act.


Legislative actions:
action_date: 2005-05-13
text: Referred to the Subcommittee on Financial Institutions and Consumer Credit.
action_date: 2005-03-22
text: Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
action_date: 2005-03-03
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Government Reform, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-03-03
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Government Reform, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-03-03
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Government Reform, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-03-03
text: Referred to the Committee on Energy and Commerce, and in addition to the Committees on Government Reform, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
action_date: 2005-03-03
text: Introduced in House
action_date: 2005-03-03
text: Introduced in House