H.R. 4366 · 108th Congress
Personal Data Offshoring Protection Act of 2004
Key: what the circles and colors mean
Each circle is a bill. The ring fills as it moves through Congress:
Under the number: the Yea · Nay count of its final (or latest) recorded vote. On a member's page, the small badge is how that member voted: Y Yea / Aye, N Nay / No, P Present, – Not voting.
Gold and violet are only for Yea and Nay; they never mean a party. A member's party is the letter on their photo.
Never voted on. It didn't reach a floor vote before the 108th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
MarkeySponsor6 cosponsors · 4 D, 1 R, 1 I
0 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
Personal Data Offshoring Protection Act of 2004 - Requires business enterprises to give U.S. citizens notice before transmitting personally identifiable information about such citizens to foreign affiliates or subcontractors located in countries with adequate privacy protections.
What it does: CRS summary · Introduced in House · May 13, 2004
Personal Data Offshoring Protection Act of 2004 - Requires business enterprises to give U.S. citizens notice before transmitting personally identifiable information about such citizens to foreign affiliates or subcontractors located in countries with adequate privacy protections. Prohibits such transmittal where adequate privacy protections are lacking, unless: (1) the business enterprise discloses the lack of protections and obtains the citizen's prior consent for transmittal; and (2) such consent is renewed by the citizen within one year before the transmittal.
Prohibits business entities from denying goods and services or modifying business terms for any person based on that person's exercise of consent rights provided by this Act or other law.
Requires violations of this Act to be treated as unfair or deceptive acts or practices under the Federal Trade Commission Act.
Creates a private right of action in State court for violations of this Act. Authorizes States, on behalf of their residents, to bring civil actions in Federal court for such violations. Requires prior notice to the Federal Trade Commission (FTC) of State actions and authorizes the FTC's intervention and appeal.
Directs the FTC to certify those countries that have legal systems providing adequate privacy protections. Creates a presumption of inadequacy for foreign laws that are less protective of privacy than Federal law or the law of any State, or where the FTC determines that enforcement is lacking. Requires certification of countries whose laws meet the requirements of the European Union Data Protection Directive, unless such laws are not adequately enforced.
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Personal Data Offshoring Protection Act of 2004
Latest action (May 21, 2004): Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Policy area: Commerce · Origin: House · Introduced: May 13, 2004
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.