Summary: S.961 — 114th Congress (2015-2016)All Information (Except Text)

There is one summary for S.961. Bill summaries are authored by CRS.

Shown Here:
Introduced in Senate (04/15/2015)

Data Security Act of 2015

Requires individuals, corporations, or other non-government entities that access, maintain, communicate, or handle sensitive account information or nonpublic personal information to implement an information security program and to notify consumers, federal law enforcement, appropriate administrative agencies, payment card networks, and consumer reporting agencies of certain data breaches of unencrypted sensitive information likely to cause identity theft or fraudulent transactions on consumer financial accounts.

Directs entities to require their service providers by contract to implement appropriate safeguards for sensitive information.

Provides special notification procedures for: (1) third-party service providers that maintain data in electronic form on behalf of another entity, and (2) certain electronic data carriers.

Allows financial institutions to communicate with account holders regarding breaches at third-party entities with access to their account information.

Sets forth alternative compliance procedures for: (1) financial institutions and affiliates under the Gramm-Leach-Bliley Act, and (2) entities complying with certain health record privacy laws.

Requires this Act to be enforced by the Federal Trade Commission, the Comptroller of the Currency, the Federal Reserve System, the Federal Deposit Insurance Corporation, the National Credit Union Administration Board, the Securities and Exchange Commission, the Commodity Futures Trading Commission, the Office of Federal Housing Enterprise Oversight, or a state insurance authority depending on the type of entity handling the sensitive information.

Allows a consumer or entity that suffers financial harm from an entity's violation of this Act to bring an action in federal court to recover damages for negligent or knowing violations.

Prohibits certain state laws from being imposed for information security and breach notification purposes. Provides for the requirements of this Act to apply to certain entities in place of existing security practices and notifications standards currently enforced by the Federal Communications Commission.