3.0.0 4187 2023-01-11T13:32:29Z 2023-01-11T13:32:29Z House HR 2015-12-08 114 [Congressional Record Volume 161, Number 177 (Tuesday, December 8, 2015)]From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]By Ms. SCHAKOWSKY:H.R. 4187.Congress has the power to enact this legislation pursuantto the following:Article I, Section VIII.[Page H9079]]]> hsif00 Energy and Commerce Committee House Standing hsif17 Innovation, Data, and Commerce Subcommittee Referred to 2015-12-11T22:07:32Z Referred to 2015-12-08T15:00:45Z 2015-12-11 hsif17 Innovation, Data, and Commerce Subcommittee 1 House committee actions Referred to the Subcommittee on Commerce, Manufacturing, and Trade. Committee 2015-12-08 Referred to the House Committee on Energy and Commerce. IntroReferral H11100 2 House floor actions hsif00 Energy and Commerce Committee 2015-12-08 Introduced in House IntroReferral Intro-H 9 Library of Congress 2015-12-08 Introduced in House IntroReferral 1000 9 Library of Congress S001145 Rep. Schakowsky, Janice D. [D-IL-9] JANICE SCHAKOWSKY D IL D. 9 N P000034 Rep. Pallone, Frank, Jr. [D-NJ-6] FRANK PALLONE D NJ 6 2015-12-08 True R000515 Rep. Rush, Bobby L. [D-IL-1] BOBBY RUSH D IL L. 1 2015-12-08 True T000469 Rep. Tonko, Paul [D-NY-20] Paul Tonko D NY 20 2015-12-08 True W000800 Rep. Welch, Peter [D-VT-At Large] Peter Welch D VT 0 2015-12-08 True K000379 Rep. Kennedy, Joseph P., III [D-MA-4] Joseph Kennedy D MA P. 4 2015-12-08 True S001168 Rep. Sarbanes, John P. [D-MD-3] John Sarbanes D MD P. 3 2015-12-08 True B001251 Rep. Butterfield, G. K. [D-NC-1] G. K. Butterfield D NC 1 2015-12-08 True K000385 Rep. Kelly, Robin L. [D-IL-2] Robin Kelly D IL L. 2 2016-11-14 False Commerce Administrative law and regulatory procedures Business records Civil actions and liability Computer security and identity theft Computers and information technology Consumer affairs Consumer credit Federal Trade Commission (FTC) Federal preemption Fraud offenses and financial crimes Internet and video services Internet, web applications, social media Marketing and advertising Right of privacy State and local government operations Commerce 00 2015-12-08 Introduced in House 2016-01-12T15:48:56Z Secure and Protect Americans' Data Act

This bill requires the Federal Trade Commission (FTC) to promulgate regulations requiring entities regulated by the FTC, common carriers, and nonprofit organizations to establish information security practices for the treatment and protection of personal information.

At least annually, such entities must evaluate their consumer privacy programs to make any appropriate adjustments for changing technologies, threats or vulnerabilities, or business arrangements.

The bill sets forth special procedures for information brokers to: (1) submit security policies to the FTC, (2) provide for post-breach audits, and (3) establish procedures for individuals to review and correct inaccuracies in their personal information. In lieu of procedures that allow individuals to dispute information, an information broker may provide individuals a means of expressing a preference not to have their information used for marketing purposes.

The bill prohibits information brokers from obtaining or disclosing personal information by false pretenses.

Within 10 days following discovery of a security breach, entities must notify:

  • the FTC;
  • the Federal Bureau of Investigation;
  • the U.S. Secret Service;
  • for common carriers, the Federal Communications Commission (FCC); and
  • attorneys general of affected states.

Within 30 days following a breach, entities must notify individuals who are U.S. citizens or residents whose personal information was, or is reasonably believed to have been, acquired or accessed by an unauthorized person, or used for an unauthorized purpose.

If an entity is required to notify more than 5,000 individuals, the entity must also notify major consumer reporting agencies. An entity must provide notices in print and broadcast media if the affected residents of a state exceed 5,000.

Notices must include information on affected individuals' entitlement to consumer credit reports or credit monitoring services.

The bill exempts entities from notification requirements if the data is unusable, unreadable, or indecipherable.

Entities complying with other federal laws that require substantially similar information security procedures or breach notifications are deemed to be in compliance with the FTC's procedures or the notification requirements of this Act.

Enforcement authority is provided to the FTC and states. States may obtain civil penalties for certain violations.

]]> Secure and Protect Americans' Data Act Display Title Secure and Protect Americans' Data Act Official Title as Introduced To require certain entities who collect and maintain personal information of individuals to secure such information and to provide notice to such individuals in the case of a breach of security involving such information, and for other purposes. Introduced in House IH Short Titles as Introduced Secure and Protect Americans' Data Act Introduced in House 2015-12-08T05:00:00Z https://www.govinfo.gov/content/pkg/BILLS-114hr4187ih/xml/BILLS-114hr4187ih.xml 2015-12-11 Referred to the Subcommittee on Commerce, Manufacturing, and Trade. 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.