Data Security and Breach Notification Act of 2011
Latest action. Read twice and referred to the Committee on Commerce, Science, and Transportation.
Data Security and Breach Notification Act of 2011 - Requires the Federal Trade Commission (FTC) to promulgate regulations requiring each covered entity (proprietorships, partnerships, estates, trusts, cooperatives, and nonprofit and for-profit corporations) that owns or possesses data containing personal information to implement policies and procedures regarding information security practices for the treatment and protection of such information.
Sets forth additional requirements for information brokers, including requiring brokers to: (1) submit their security policies to the FTC with a notification of a security breach or upon FTC request; (2) establish procedures to assure the accuracy of the information they collect, assemble, or maintain that is personal information or that identifies an individual; (3) provide individuals access to their personal information for review; and (4) correct inaccurate information. Authorizes the FTC to conduct information security practices audits of brokers who have had a security breach or require such brokers to conduct independent audits.
Directs the FTC to require information brokers to establish measures that facilitate the auditing or retracing of access to, or transmissions of, any data containing personal information.
Makes it unlawful for information brokers to obtain or disclose personal information by false pretenses (pretexting).
Establishes procedures in the event of an information security breach. Requires a covered entity that discovers a breach to notify the FTC and affected individuals. Sets forth requirements concerning such notification, including the method of notification requirements and timeliness requirements. Allows an exemption from notification requirements if such entity determines that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. Establishes a presumption that there is no such risk for encrypted data.
Applies this Act to nonprofit organizations.
Sets forth enforcement provisions.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on June 15, 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 June 15, 2011: Read twice and referred to the Committee on Commerce, Science, and Transportation.
- 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?
Mark Pryor (D-AR) introduced it on June 15, 2011, and 1 member has since signed on as a cosponsor.
They are 1 Democrat.
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 15, 2011, 5566 days ago. The most recent recorded action was 5566 days ago, on June 15, 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