[Congressional Record Volume 156, Number 173 (Wednesday, December 22, 2010)]
[Senate]
[Page S11026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMPREHENSIVE DATA PRIVACY
Mr. LEAHY. Mr. President, as we approach the end of another year--and
the end of the 111th Congress--millions of Americans continue to face
growing threats to their privacy and security because of data security
breaches involving their most sensitive personal information. Last
year, I reintroduced the Personal Data Privacy and Security Act--a
bipartisan and comprehensive bill that will better protect Americans
from the growing threats of data breaches and identity theft. I am
disappointed that the Senate will adjourn for the year without
considering this important privacy legislation.
This long overdue privacy bill would establish a national standard
for breach notification and requirements for securing Americans' most
sensitive personal data. The bill--as improved by my manager's
amendment--strikes the right balance to protect privacy, promote
commerce, and successfully combat identity theft. I urged the Senate to
consider and pass this important privacy legislation before we adjourn
for the year. Despite its bipartisan approval by the Judiciary
Committee, the ranking Republican is objecting and refusing to allow
the Senate to proceed.
When I first introduced this bill 6 years ago, I had high hopes of
bringing urgently needed data privacy reforms to the American people. I
have worked closely with both Republican and Democratic Senators since
to enact this important privacy legislation. Although the Judiciary
Committee favorably reported this bill three times--in 2005, 2007, and
yet again in 2009--it remains stalled on the Senate Calendar. While the
Senate has waited to act, the dangers to our privacy, economic
prosperity, and national security posed by data breaches have not gone
away.
The recently reported cyber attacks in response to the WikiLeaks
disclosures are fresh reminders of the urgent need to have national
standards to protect the privacy of America's digital information. In
June, the insurance company WellPoint, Inc., announced that 470,000
individuals who used the company's Web site to apply for insurance may
have unwittingly exposed their Social Security numbers and other
sensitive data to the public. Just last month, the University of Hawaii
suffered a major data breach involving sensitive student data,
including Social Security numbers, dates of birth, names, and grades.
And a recent data breach at the Department of Veterans Affairs resulted
in the unauthorized release of the Social Security numbers and other
personal information of at least 180 of our veterans. These troubling
data breaches are painful reminders of the need to enact comprehensive
Federal data privacy legislation this year.
This bill offers meaningful solutions to the vexing problem of data
security breaches. It requires that data brokers let consumers know
what sensitive personal information they have about them and to allow
individuals to correct inaccurate information. The bill also requires
that companies that have databases with sensitive personal information
on Americans establish and implement data privacy and security
programs.
In addition, the bill requires notice when sensitive personal
information has been compromised. The bill provides for tough criminal
penalties for anyone who would intentionally and willfully conceal the
fact that a data breach has occurred when the breach causes economic
damage to consumers. Finally, the bill addresses the important issue of
the government's use of personal data.
I am pleased that the Obama administration has recently issued two
privacy reports that make recommendations to improve data privacy that
are consistent with the approach adopted in my bill.
I drafted this bill after long and thoughtful consultation with many
of the stakeholders on this issue, including the privacy, consumer
protection, and business communities. I have also worked closely with
other Senators, including Senators Feinstein, Hatch, Feingold, Specter,
and Schumer.
This is a comprehensive bill that not only deals with the need to
provide Americans with notice when they have been victims of a data
breach but that also deals with the underlying problem of lax security
to help prevent data breaches from occurring in the first place. The
House of Representatives has passed comprehensive data privacy
legislation. The Senate should also pass comprehensive data privacy
legislation and should have done so this Congress.
There has been ample time to resolve any concerns, but still there
are those who are refusing to allow the Senate to act. We cannot afford
to continue to wait to address this important privacy issue. The
American people are suffering the consequences of that inaction.
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