H.R.2221 - Also known as the Data Accountability and Trust Act was passed by the House this week and now moves to the Senate.
The bill would create nationwide rules for notifying potential victims of identify theft when their personal information that’s stored electronically is improperly exposed.
The bill was introduced in April by Rep. Bobby Rush (D-Ill.) Under this legislation, companies that hold people’s personal data would be required to notify the affected people who are U.S. citizens and residents and the Federal Trade Commission if people are put at risk by a security breach to a system that holds the electronic data.
If passed, H.R. 2221 would preempt related state information security laws. This federal mandate could simplify a complex patchwork of state laws that have been passed without a federal mandate.
Notification, to those individuals whose information is compromised in a breach, would have to happen within 60 days of the discovery unless notification would jeopardize a law enforcement investigation or National Security. The legislation would apply to entities under the jurisdiction of the Federal Trade Commission (FTC).
Exemption: Companies would be exempt from the notification requirements if they determine that there is no “reasonable risk of identity theft, fraud, or other unlawful conduct.” If electronic data is made unusable, unreadable or indecipherable by encryption, the presumption under the law would be that there was no reasonable risk after a security breach.
California was the first State to pass a Breach Notification law and all States should have one. However, a National Federal law adds more teeth to bite the criminal with, that is if they are caught.
For a copy of H.R. 2221 from the Government Printing Office click here!
To learn more about Identity Theft and what to do if you are a victim, visit www.StopIdTheftCrime.com and subscribe to the newsletter to obtain your free 46 page eBook "Fighting Back Against Identity Theft".
Remember, estimates are that every 2-4 seconds an Identity is compromised. Why take chances? Why not protect yourself and your loved ones with the best suite of services provided (including restoration) by the best NYSE company in the field? Educate yourself and visit the shameless plug below or call me at (909) 208-3728!
Remember, estimates are that every 2-4 seconds an Identity is compromised. Why take chances? Why not protect yourself and your loved ones with the best suite of services provided (including restoration) by the best NYSE company in the field? Educate yourself and visit the shameless plug below or call me at (909) 208-3728!
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