Data Breach Notification Act of 2011
Latest action. Placed on Senate legislative calendarThe list of measures reported out of committee and eligible for floor action. Being on the calendar is not a promise of a vote.Read the full definition (opens a new tab) under General Orders. Calendar No. 310.
Data Breach Notification Act of 2011 - (Sec. 2) Requires any federal agency or business entity engaged in interstate commerce that uses, accesses, transmits, stores, disposes of, or collects sensitive personally identifiable information, following the discovery of a security breach, to notify: (1) any U.S. resident whose information has been, or is reasonably believed to have been, accessed or acquired; and (2) any owner or licensee of such information. Requires notifications to be made without unreasonable delay following the discovery of a security breach. Allows a delay of notification for law enforcement and national security purposes if written justification for such delay is provided to the Secretary of Homeland Security (DHS) by the U.S. Secret Service and to the Attorney General by the Federal Bureau of Investigation (FBI).
(Sec. 3) Exempts agencies or business entities from notification requirements if: (1) the Secret Service or the FBI determines that notification of a security breach could reveal sensitive sources and methods or impede law enforcement or intelligence investigations, or the FBI determines that such notification may damage national security; (2) a risk assessment concludes that there is no significant risk that a security breach has resulted in, or will result in, identity theft, economic loss or harm, or physical harm to individuals whose sensitive personally identifiable information was subject to the security breach; (3) an agency or business entity notifies the Federal Trade Commission (FTC) of intent to invoke a risk assessment exemption; or (4) a business entity participates in a security program that effectively blocks the use of sensitive personally identifiable information and provides for notice to affected individuals of a security breach.
(Sec. 4) Requires: (1) written notice of a security breach to individuals by mail, telephone, and e-mail; and (2) notice to major media outlets if a security breach involves more than 5,000 individuals.
(Sec. 5) Requires a notification of a security breach to include: (1) a description of the categories of sensitive personally identifiable information acquired by an unauthorized person, (2) a toll-free telephone number for contacting an agency or business entity to ascertain the types of personal information maintained by such agency or entity, and (3) the toll-free telephone numbers and addresses for the major credit reporting agencies. Authorizes a state to require that a notification also include information about victim protection assistance provided by that state.
The summary continues for 11 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 February 6, 2012. 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 February 6, 2012: Placed on Senate Legislative Calendar under General Orders. Calendar No. 310.
- 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?
Dianne Feinstein (D-CA) introduced it on July 22, 2011. 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 July 22, 2011, 5529 days ago. The most recent recorded action was 5330 days ago, on February 6, 2012.
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