Data Security and Breach Notification Act of 2010
Latest action. Committee on Commerce, Science, and Transportation 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 Consumer Protection, Product Safety, and Insurance . Hearings held. With printed Hearing: S.Hrg. 111-1040.
Data Security and Breach Notification Act of 2010 - Requires the Federal Trade Commission (FTC) to promulgate regulations requiring each covered entity (proprietorships, partnerships, estates, trusts, cooperatives, and nonprofit and for-profit corporations) engaged in interstate commerce owning or possessing data containing personal information to establish specified security policies and procedures to treat and protect such information.
Requires the regulations to include methods for disposing of both electronic and nonelectronic data.
Requires information brokers to submit their security policies to the FTC in conjunction with a notification of a security breach notification or on FTC request. Authorizes the FTC to conduct information security practices audits of brokers or require brokers to conduct independent audits.
Requires information brokers to: (1) establish procedures to verify the accuracy of information that identifies individuals; (2) provide to individuals whose personal information it maintains a means to review it; (3) place a conspicuous notice on the Internet instructing individuals how to request access to such information; and (4) correct inaccurate information.
Directs the FTC to require information brokers to establish measures which 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).
Requires a covered entity to notify the FTC and affected individuals of information security breaches. Sets forth requirements concerning such notification, including method of notification requirements and timeliness requirements. Allows an exemption from notification requirements if the covered entity determines that there is no reasonable risk of identity theft, fraud, or other unlawful conduct.
Preempts state information security laws.
Written by analysts at the Congressional Research Service and published on Congress.gov, not by Civibrief. Summarized at the "Introduced in Senate" stage on August 5, 2010. 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 September 22, 2010: Committee on Commerce, Science, and Transportation Subcommittee on Consumer Protection, Product Safety, and Insurance . Hearings held. With printed Hearing: S.Hrg. 111-1040.
- 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 111th Congress (2009-10), 383 of the 10,778 bills and joint resolutions introduced became law, about 3.6 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 August 5, 2010, 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 August 5, 2010, 5880 days ago. The most recent recorded action was 5832 days ago, on September 22, 2010.
Measures do not carry over. Anything the 111th Congress has not finished by January 3, 2011 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