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ARTICLE · 18 JANUARY 2012

Pending Federal Breach Notification Laws In The Senate

On June 7, 2011, Senator Patrick Leahy (D-VT) introduced S. 1151, entitled the Personal Data Privacy and Security Act of 2011, co-sponsored by Senators Charles Schumer (D-NY) and Ben Cardin (D-MD).

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Personal Data Privacy and Security Act of 2011

On June 7, 2011, Senator Patrick Leahy (D-VT) introduced S. 1151, entitled the Personal Data Privacy and Security Act of 2011, co-sponsored by Senators Charles Schumer (D-NY) and Ben Cardin (D-MD). Senator Leahy previously introduced significant privacy and security legislation (2005, 2007 and 2009), but each time the bill did not advance. The bill was referred to the Committee on Judiciary, which held a hearing, and on November 7, 2011, the Committee's written report was filed, but it is unclear whether the Senate will resume consideration in 2012.

If enacted, S. 1151 would establish new federal criminal offenses for the unauthorized access to personal information. The bill would also mandate that many federal agencies and private businesses that collect, maintain, use or disclose personal information establish adequate privacy and security processes and programs, and provide notice to individuals regarding breaches

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