S. 239, The Notification of Risk to Personal Data Act of 2007

• This item is from the 110th Congress (2007-2008) and is no longer current. Comments, voting, and wiki editing have been disabled, and the cost/savings estimate has been frozen.

Original version created by webmaster

S. 239 would require Federal agencies, and persons engaged in interstate commerce, in possession of data containing sensitive personally identifiable information, to disclose any breach of such information.

Detailed Summary

Notification of Risk to Personal Data Act of 2007 - 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 (as specified): (1) any U.S. resident whose information may have been accessed or acquired; and (2) the owner or licensee of any such information the agency or business does not own or license.

Exempts: (1) agencies from notification requirements for national security and law enforcement purposes and for security breaches that do not have a significant risk of resulting in harm, provided specified certification or notice is given to the U.S. Secret Service; and (2) business entities from notification requirements if the entity utilizes a security program that blocks unauthorized financial transactions and provides notice of a breach to affected individuals.

Requires notifications regarding security breaches under specified circumstances to the Secret Service, the Federal Bureau of Investigation, the United States Postal Inspection Service, and state attorneys general.

Sets forth enforcement provisions.

Authorizes appropriations for costs incurred by the Secret Service to investigate and conduct risk assessments of security breaches.

Status of the Legislation

Latest Major Action: 5/31/2007: Placed on Senate Legislative Calendar under General Orders. Calendar No. 180.

Points in Favor

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Points Against

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