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U.S. Senator Leahy Proposes Data Protection Law

August 08, 2009 in Industry News

Last week, Senator Patrick Leahy (D-VT) introduced the Personal Data Privacy and Security Act of 2009. Among the many ID-Theft-mitigation measures U.S. Senate Bill 1490 contains is a national information destruction requirement.

The law is designed to prevent and mitigate identity theft, to ensure privacy, to provide notice of security breaches, and to enhance criminal penalties, law enforcement assistance, and other protections against security breaches, fraudulent access, and misuse of personally identifiable information.

Congress’s concerns

(1) Databases of personally identifiable information are increasingly prime targets of hackers, identity thieves, rogue employees, and other criminals, including organized and sophisticated criminal operations.

(2) Identity theft is a serious threat to the Nation’s economic stability, homeland security, the development of e-commerce, and the privacy rights of Americans.

(3) Over 9,300,000 individuals were victims of identity theft in America last year.

(4) Security breaches are a serious threat to consumer confidence, homeland security, e-commerce, and economic stability.

(5) It is important for business entities that own, use, or license personally identifiable information to adopt reasonable procedures to ensure the security, privacy, and confidentiality of that personally identifiable information.

(6) Individuals whose personal information has been compromised or who have been victims of identity theft should receive the necessary information and assistance to mitigate their damages and to restore the integrity of their personal information and identities.

(7) Data brokers have assumed a significant role in providing identification, authentication, and screening services, and related data collection and analyses for commercial, nonprofit, and government operations.

(8) Data misuse and use of inaccurate data have the potential to cause serious or irreparable harm to an individual’s livelihood, privacy, and liberty and undermine efficient and effective business and government operations.

(9) There is a need to ensure that data brokers conduct their operations in a manner that prioritizes fairness, transparency, accuracy, and respect for the privacy of consumers.

(10) Government access to commercial data can potentially improve safety, law enforcement, and national security.

(11) Because government use of commercial data containing personal information potentially affects individual privacy, and law enforcement and national security operations, there is a need for Congress to exercise oversight over government use of commercial data.

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