Personal Data Privacy and Security Act of 2014
Latest action. Referred to the subcommitteeA smaller panel inside a standing committee with jurisdiction over a slice of its subject matter. Most hearings and the first markup usually happen here.Read the full definition (opens a new tab) on Crime, Terrorism, Homeland Security, and Investigations.
Personal Data Privacy and Security Act of 2014 - Defines "sensitive personally identifiable information" to include: (1) specified combinations of data elements in electronic or digital form, such as an individual's name, home address or telephone number, mother's maiden name, and date of birth; (2) a non-truncated social security number, driver's license number, passport number, or government-issued unique identification number; (3) unique biometric data; (4) a unique account identifier; and (5) any security code, access code, password, or secure code that could be used to generate such codes or passwords.
Title I: Enhancing Punishment for Identity Theft and Other Violations of Data Privacy and Security - Amends the federal criminal code to make fraud in connection with the unauthorized access of personally identifiable information (in electronic or digital form) a predicate for instituting a prosecution for racketeering.
Imposes a prison term of up to five years and/or a fine on any individual who has knowledge of and intentionally and willfully conceals a security breach and such breach results in economic harm of $1,000 or more to any individual. Grants the Secret Service and the Federal Bureau of Investigation (FBI) authority to investigate criminal concealments of security breaches.
Increases penalties for fraud and related activity, and imposes criminal penalties for attempts and conspiracies to commit fraud and related activity, in connection with computers.
Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization.
Modifies criminal and civil forfeiture provisions, including requiring certain civil forfeiture seizures and forfeitures to be performed by persons designated for that purpose by the Secretary of Homeland Security (DHS) or the Attorney General (DOJ).
Prohibits civil actions involving unauthorized use of a protected computer if a violation of a contractual obligation or agreement constitutes the sole basis for determining that access to the computer is unauthorized.
Directs the Attorney General to report the number of criminal cases that involve: (1) unauthorized access to a nongovernmental computer, and (2) conduct in which the sole basis for such a determination was that the defendant violated a contractual obligation or agreement with a service provider or employer.
The summary continues for 19 more paragraphs. Read it in full on Congress.gov
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in House" stage on February 4, 2014. It describes the bill, it is not the legal text.
Where is it in the process, and what happens next?
4 steps remain before this bill could become law.
The record's latest action, on March 20, 2014: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the House
- Passage by the Senate
- The President's signature. If the President vetoes it, two-thirds of both chambers must vote to override.
How likely is it to become law?
Civibrief does not forecast outcomes and this page has no opinion about this one. What the record supports is a base rate, which is a fact about the whole pile, not a prediction about this measure.
In the 113th Congress (2013-14), 296 of the 9,091 bills and joint resolutions introduced became law, about 3.3 percent. That count covers every measure at every stage, including the many that never left committee.
This one is not there yet: 4 steps are still outstanding, listed above.
Has anyone actually voted on it?
No. No roll call in this Congress cites this measure. That is the ordinary outcome: most measures never reach a recorded floor vote, and a committee ends most of them simply by not acting.
A vote is not the only thing that happens to a measure. Hearings, markups, and referrals are all recorded actions, and none of them is a vote of the full chamber.
Who is behind it?
Carol Shea-Porter (D-NH) introduced it on February 4, 2014. No cosponsors are recorded.
Cosponsoring is a formal signature on the text. It is not a commitment to vote for the measure, it does not bind anyone's party, and a long list of cosponsors is a measure of attention rather than of prospects.
How long has it been in play?
It was introduced on February 4, 2014, 4601 days ago. The most recent recorded action was 4557 days ago, on March 20, 2014.
Measures do not carry over. Anything the 113th Congress has not finished by January 3, 2015 dies when the term ends, and has to be introduced again from the start in the next Congress.
Every answer above is assembled from this measure's own record on Congress.gov and from published counts of what Congress has passed before. Civibrief does not predict outcomes and takes no position on any measure.
Vote history
- HouseIn committee, no floor vote yet
- SenateAwaits House passage
- PresidentAwaits both chambers