Institute for Legal, Legislative and Educational Action
Identity theft legislation. One to watch as changes need made in this area of law.
Title: Consumer Privacy Protection Act of 2015
Subject: Administrative law and regulatory procedures: Civil actions and liability: Computer security and identity theft: Congressional oversight: Consumer affairs: Consumer credit: Criminal investigation, prosecution, interrogation: Criminal justice information and records: Federal Trade Commission (FTC): Federal preemption: Fraud offenses and financial crimes: Right of privacy: State and local government operations: Telephone and wireless communication: Crime and law enforcement
Description: Consumer Privacy Protection Act of 2015 This bill makes it a crime to intentionally and willfully conceal knowledge of a security breach involving sensitive personally identifiable information (PII). If the breach results in economic harm of at least $1,000 to any individual, then a violator is subject to a fine and/or five years in prison. The legislation authorizes the Department of Justice (DOJ) to seek a civil injunction to prevent ongoing conduct that damages 100 or more protected computers during any one-year period. A protected computer is a government computer, a bank computer, or a computer used in or affecting interstate or foreign commerce or communication. It also authorizes DOJ to seek an injunction or restraining order to prevent disposition of property obtained as a result of such a violation. The legislation expands the list of money laundering predicate offenses to include financial transactions that involve proceeds of unlawful manufacturing, distribution, possession, and advertising of wire, oral, or electronic communication intercepting devices. This bill requires certain commercial entities to implement a comprehensive consumer privacy and data security program. Commercial entities must notify any U.S. resident whose PII has been, or is reasonably believed to have been, accessed or acquired. PII includes electronic or digital forms of personal, financial, health, and biometric data, geographic location, and password-protected photographs and videos. It sets forth provisions regarding: (1) methods and content of notification of a security breach; (2) entities exempt from notification requirements; and (3) notification to consumer credit reporting agencies, law enforcement entities, and the Federal Trade Commission (FTC). It authorizes DOJ, the FTC, and states to enforce civil violations. DOJ and states may seek monetary or injunctive relief, and the FTC may seek monetary relief. The bill does not establish a private right of action.
Session: 114th Congress
Last Action: Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations.
Last Action Date: July 29, 2015
Link: https://www.congress.gov/bill/114th-congress/house-bill/2977/all-info
Companion Bill: SB1158
Note: the first sponsor listed is normally the primary sponsor. If a sponsor's name is a hyperlink you can click on it to 'follow the money'.
14 sponsors: David Cicilline (D); Jerrold Nadler (D); John Conyers (D); Mark Takano (D); Judy Chu (D); Sheila Jackson-Lee (D); Andre Carson (D); Michael Capuano (D); Henry Johnson (D); John Garamendi (D); Mark DeSaulnier (D); Alan Grayson (D); Steve Cohen (D); Louise Slaughter (D)
Chamber | Date | Action |
House | Jul 29 2015 | Referred to the Subcommittee on Crime, Terrorism, Homeland Security, and Investigations. |
House | Jul 10 2015 | Referred to the Subcommittee on Commerce, Manufacturing, and Trade. |
House | Jul 8 2015 | Referred to House Judiciary |
House | Jul 8 2015 | Referred to House Energy and Commerce |
House | Jul 8 2015 | Introduced in House |
House | Jul 8 2015 | Referred to House Budget |
House | Jul 8 2015 | Referred to House Financial Services |
House | Jul 8 2015 | Referred to the Committee on the Judiciary, and in addition to the Committees on Energy and Commerce, Financial Services, and the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. |
Type | Date | Federal Link | Text |
Introduced | Jul 10 2015 | federal bill text | bill text |
Title | Description | Date | State Link | Text | Adopted |
There are no amendments to this bill at this time |
Chamber: H
Committee Name: Subcommittee on Crime, Terrorism, Homeland Security, And Investigations
There have not been any votes on this bill