S. 139: Data Breach Notification Act
111th Congress, 1st Session
Official Title: A bill to require Federal agencies, and persons engaged in interstate commerce, in possession of data containing sensitive personally identifiable information, to disclose any breach of such information.
Sponsor: Sen Feinstein, Dianne [CA] (introduced 1/6/2009)
Major Actions:
11/5/2009 Senate committee/subcommittee actions. Status: Committee on the Judiciary. Ordered to be reported without amendment favorably.
SUMMARY AS OF:
1/6/2009--Introduced.
Data Breach Notification Act - Requires any federal agency or business entity engaged in interstate commerce that uses, accesses, or collects sensitive personally identifiable information, following the discovery of a security breach, to notify: (1) any U.S. resident whose information may have been accessed or acquired; and (2) the owner or licensee of any such information that the agency or business does not own or license.
Exempts: (1) agencies and business entities from notification requirements for national security and law enforcement purposes and for security breaches that a risk assessment concludes do not have a significant risk of resulting in harm if specified certification or notice is provided, subject to review by the Secret Service; and (2) business entities which utilize a security program that blocks the use of sensitive personally identifiable information and provide notice of a breach to affected individuals.
Requires notifications regarding security breaches under specified circumstances to the Secret Service, the Federal Bureau of Investigation (FBI), the Postal Inspection Service, and state attorneys general.
Authorizes the Attorney General to bring a civil action in U.S. district court against any business entity that violates this Act. Sets civil penalties for violations.
Amends the Fair Credit Reporting Act to require agencies to include a fraud alert in the file of a consumer that submits evidence of compromised financial information to a consumer reporting agency.
Authorizes: (1) civil actions by state attorneys general to enforce this Act; and (2) appropriations for costs incurred by the Secret Service to investigate and conduct risk assessments of security breaches.
Read the entire bill here (PDF).Cosponsors: 0