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S. 3333 · 112th Congress

Data Security and Breach Notification Act of 2012

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Never voted on. It didn't reach a floor vote before the 112th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.

5 cosponsors · 5 R

4 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.

Data Security and Breach Notification Act of 2012 - Requires commercial entities that acquire, maintain, store, or utilize personal information (covered entities) to take reasonable measures to protect and secure data in electronic form containing personal information.

What it does: CRS summary · Introduced in Senate · Jun 21, 2012

Data Security and Breach Notification Act of 2012 - Requires commercial entities that acquire, maintain, store, or utilize personal information (covered entities) to take reasonable measures to protect and secure data in electronic form containing personal information.

Directs a covered entity that owns or licenses such data to give notice of any breach of the security of the system that the entity reasonably believes has caused or will cause identity theft or other financial harm to each individual: (1) who is a U.S. citizen or resident; and (2) whose personal information was, or that the covered entity reasonably believes has been, accessed and acquired by an unauthorized person.

Requires a covered entity to notify the Secret Service or the Federal Bureau of Investigation (FBI) of a security breach of personal information involving more than 10,000 individuals.

Requires a third-party entity contracted to maintain, store, or process data containing personal information to notify the covered entity of a breach of security of a system. Requires a service provider to notify the covered entity if it becomes aware of a breach of security involving personal information owned or possessed by a covered entity and if such covered entity can be reasonably identified.

Allows delays of notifications to avoid impeding a civil or criminal investigation or threatening national or homeland security.

Sets forth the methods for notification under this Act.

Preempts information security practices of the Communications Act applicable to telecommunication carriers, satellite operators, and cable operators.

Sets forth civil monetary penalties for violations of this Act.

Exempts financial institutions and entities subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov

About this bill and sources

Official title: Data Security and Breach Notification Act of 2012

Latest action (Jun 21, 2012): Read twice and referred to the Committee on Commerce, Science, and Transportation.

Policy area: Commerce · Origin: Senate · Introduced: Jun 21, 2012

Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)

No recorded floor vote found.