Personal Data Privacy and Security Act of 2011
Latest action. By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-91. Additional and Minority views filed.
Personal Data Privacy and Security Act of 2011 - (Sec. 3) Defines "sensitive personally identifiable information" for purposes of this Act to include: (1) specified combinations of data elements in electronic or digital form, such as an individual's first and last name or first initial and last name in combination with 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, such as a fingerprint, voice print, retina or iris image, or other unique physical representation; (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 - (Sec. 101) 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.
(Sec. 102) 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 U.S. Secret Service and the Federal Bureau of Investigation (FBI) authority to investigate criminal concealments of security breaches.
(Sec. 103) Increases penalties for fraud and related activity in connection with computers.
(Sec. 104) Expands the prohibition against trafficking in passwords to include trafficking through any means by which a protected computer may be accessed without authorization.
(Sec. 105) Imposes criminal penalties for attempts and conspiracies to commit fraud and related activity in connection with computers.
(Sec. 106) 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).
The summary continues for 32 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 "Reported to Senate with amendment(s)" stage on September 22, 2011. 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 November 7, 2011: By Senator Leahy from Committee on the Judiciary filed written report. Report No. 112-91. Additional and Minority views filed.
- Clearing the committees it was referred to, and being scheduled for a floor vote
- Passage by the Senate
- Passage by the House
- 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 112th Congress (2011-12), 283 of the 10,618 bills and joint resolutions introduced became law, about 2.7 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?
Patrick Leahy (D-VT) introduced it on June 7, 2011, and 4 members have since signed on as cosponsors.
They are 4 Democrats.
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 June 7, 2011, 5574 days ago. The most recent recorded action was 5421 days ago, on November 7, 2011.
Measures do not carry over. Anything the 112th Congress has not finished by January 3, 2013 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
- SenateIn committee, no floor vote yet
- HouseAwaits Senate passage
- PresidentAwaits both chambers