United States 114th Congress Status: Died 1 D cosponsors

S 177 — Data Security and Breach Notification Act of 2015

Last action — Read twice and referred to the Committee on Commerce, Science, and Transportation.

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. Died in session

This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Data Security and Breach Notification Act of 2015 Requires the Federal Trade Commission (FTC) to promulgate regulations requiring commercial entities, nonprofit and for-profit corporations, estates, trusts, cooperatives, and other specified entities that own or possess data containing personal information (covered entities), or that contract to have a third-party maintain or process such data for the entity, to implement information security policies and procedures for the treatment and protection of personal information. Establishes procedures to be followed in the event of an information security breach. Requires a covered entity that discovers a breach to notify the FTC (unless the covered entity has already notified a federal entity designated by the Department of Homeland Security [DHS] to receive such information) and affected individuals. Sets forth requirements concerning such notification, including methods of notification and timeliness requirements. Allows an exemption from notification requirements if such entity reasonably concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. Establishes a presumption that there is no such risk for encrypted data. Directs DHS to designate a federal entity that covered entities would be required to notify if a security breach involves: (1) the personal information of more than 10,000 individuals, (2) a database containing the personal information of more than 1 million individuals, (3) federal government databases, or (4) the personal information of federal employees or contractors known to be involved in national security or law enforcement. Requires the designated entity to provide each notice it receives to: the U.S. Secret Service; the Federal Bureau of Investigation; the FTC; the U.S. Postal Inspection Service, if mail fraud is involved; attorneys general of affected states; and appropriate federal agencies for law enforcement, national security, or data security purposes. Sets forth enforcement provisions for the FTC, state attorneys general, and the Attorney General. Establishes criminal penalties of a fine, imprisonment for up to five years, or both, for concealment of a security breach that results in economic harm of at least $1,000 to an individual.

Bill Text

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Read S 177 on the official United States source →

Action History

  1. Read twice and referred to the Committee on Commerce, Science, and Transportation.

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 546 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (546)

546 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

Administrative law and regulatory procedures Bank accounts, deposits, capital Banking and financial institutions regulation Business records Civil actions and liability Computer security and identity theft Computers and information technology Congressional oversight Consumer affairs Consumer credit Criminal investigation, prosecution, interrogation Federal Trade Commission (FTC) Fraud offenses and financial crimes Intelligence activities, surveillance, classified information Internet and video services Right of privacy Small business Social work, volunteer service, charitable organizations Commerce
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Frequently asked questions

What does S 177 do?
Data Security and Breach Notification Act of 2015 Requires the Federal Trade Commission (FTC) to promulgate regulations requiring commercial entities, nonprofit and for-profit corporations, estates, trusts, cooperatives, and other specified entities that own or possess data containing personal information (covered entities), or that contract to have a third-party maintain or process such data for the entity, to implement information security policies and procedures for the treatment and protection of personal information. Establishes procedures to be followed in the event of an information security breach. Requires a covered entity that discovers a breach to notify the FTC (unless the covered entity has already notified a federal entity designated by the Department of Homeland Security [DHS] to receive such information) and affected individuals. Sets forth requirements concerning such notification, including methods of notification and timeliness requirements. Allows an exemption from notification requirements if such entity reasonably concludes that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. Establishes a presumption that there is no such risk for encrypted data. Directs DHS to designate a federal entity that covered entities would be required to notify if a security breach involves: (1) the personal information of more than 10,000 individuals, (2) a database containing the personal information of more than 1 million individuals, (3) federal government databases, or (4) the personal information of federal employees or contractors known to be involved in national security or law enforcement. Requires the designated entity to provide each notice it receives to: the U.S. Secret Service; the Federal Bureau of Investigation; the FTC; the U.S. Postal Inspection Service, if mail fraud is involved; attorneys general of affected states; and appropriate federal agencies for law enforcement, national security, or data security purposes. Sets forth enforcement provisions for the FTC, state attorneys general, and the Attorney General. Establishes criminal penalties of a fine, imprisonment for up to five years, or both, for concealment of a security breach that results in economic harm of at least $1,000 to an individual.
Who sponsors S 177?
S 177 is sponsored by Bill Nelson (D).
What is the current status of S 177?
This bill died with 114th Congress. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track S 177?
Track S 177 free on One Click Politics — get push/email alerts when it moves.

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