3.0.0 3713 2023-01-12T17:52:28Z 2023-01-12T17:52:28Z Senate S S 2006-07-21 109 ssju00 Judiciary Committee Senate Standing Referred to 2006-07-21T16:47:11Z 2006-07-21 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. IntroReferral 2006-07-21 Introduced in Senate IntroReferral 10000 9 Library of Congress C001041 Sen. Clinton, Hillary Rodham [D-NY] HILLARY CLINTON D NY R N Civil Rights and Liberties, Minority Issues Administrative procedure Administrative remedies Affiliated corporations Armed Forces and National Security Bank records Commerce Congress Congressional reporting requirements Consumer credit Consumer education Credit cards Crime and Law Enforcement Criminal justice information Damages Department of Health and Human Services Electronic data interchange Executive reorganization Federal Trade Commission Federal officials Finance and Financial Sector Foreign Trade and International Finance Foreign corporations Government Operations and Politics Government paperwork Governmental investigations Health Health care industry Identification devices Identity theft Independent regulatory commissions Law Legislation Liability (Law) Managed care Medical records Military medicine Negligence Office of Management and Budget Right of privacy Science, Technology, Communications Small business Subcontractors Telephone Civil Rights and Liberties, Minority Issues 00 2006-07-21 Introduced in Senate 2006-10-12T14:57:30Z Privacy Rights and OversighT for Electronic and Commercial Transactions Act of 2006 or the PROTECT Act - Prohibits any for profit entity that handles individuals' personal data from: (1) compromising the personal, nonpublic information of those individuals through theft, loss, data breach, or malfeasance; and (2) issuing credit or an account for services to an unauthorized individual or making an inaccurate change to a credit report as a result of identity theft. Exempts small business. Provides for the liability of violators.

Amends the Gramm-Leach-Bliley Act to prohibit a financial institution from disclosing usage data relating to consumers to a nonaffiliated third party without the consumer's written authorization.

Requires the President to designate a Chief Privacy Officer within the Office of Management and Budget.

Requires agencies and entities to provide notice of breaches that result in the unauthorized access or disclosure of personally identifiable information to affected individuals and all major credit reporting services upon an individual's request.

Directs the Federal Trade Commission (FTC) and each of the federal functional regulators to issue rules applicable to financial institutions concerning disclosures.

Requires financial institutions to provide, upon a consumer's written request, a copy of all its information relating to the consumer and to not charge the consumer for one copy a year. Requires nationwide consumer reporting agencies to make free annual disclosures to consumers (currently, disclosure is only required upon request).

Amends the Fair Credit Reporting Act to replace provisions about blocking the reporting of information with provisions concerning placing a security freeze on a consumer credit file.

Prohibits, subject to exemptions, business enterprises from disclosing a U.S. resident's personally identifiable information to foreign parties. Prohibits health care businesses from terminating existing relationships with consumers to avoid the consumer objecting to such disclosure to foreign parties. Provides for the liability of enterprises and civil action. Requires the Secretary of Health and Health Services to revise regulations of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) concerning notice of privacy protection given by covered entities that outsource protected health information outside the United States. Includes additional disclosure requirements concerning financial institutions that outsource information.

Requires the FTC, the Federal Communications Commission (FCC), and the Attorney General to establish a Center for Telecommunications Records Privacy.

Requires the FTC to issue new rules for federal agencies responsible for working with data processors to ensure the security and confidentiality of nonpublic personal information.

Amends the Social Security Act to clarify that the provisions concerning the offense of wrongful disclosure of individually identifiable health information apply to individuals who knowingly use, obtain, or disclose information, regardless of how the information was obtained or the relation of the individual to the entity that maintains the information.

Requires the Secretary to broaden HIPAA's scope. Reinstates provisions concerning consent to use and disclose information for treatment, payment, or health care operations.

]]> PROTECT Act Display Title PROTECT Act Official Title as Introduced A bill to protect privacy rights associated with electronic and commercial transactions. Introduced in Senate IS Short Titles as Introduced PROTECT Act Short Titles as Introduced Privacy Rights and OversighT for Electronic and Commercial Transactions Act of 2006 Introduced in Senate 2006-07-21T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109s3713is/xml/BILLS-109s3713is.xml 2006-07-21 Read twice and referred to the Committee on the Judiciary. text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.