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Robert Farley
By Robert Farley January 8, 2010
Back to Mandate standards for securing personal data

Bills introduced in Congress would mandate standards for personal data

On April 30, 2009, Rep. Bobby Rush, D-Ill., chairman of the Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection, introduced H.R. 2221, the Data Accountability and Trust Act of 2009. One of the main purposes of the bill is to require "reasonable security policies and procedures to protect data containing personal information."

The bill was co-sponsored by legislators on both sides of the aisle: Rep. Joe Barton, R-Texas, ranking member of the House Committee on Energy and Commerce; Rep. Cliff Stearns, R-Fla., the Republican leader on the Communications, Technology and the Internet Subcommittee; Rep. George Radanovich, R-Calif.; and Rep. Janice Schakowski, D-Ill.

In a statement before his subcommittee, Rep. Rush said the bill "requires that persons possessing electronic data that contain personal information must take steps to ensure that the data is secure."

According to a Congressional Research Service summary of the bill, the act would require the Federal Trade Commission to institute regulations requiring people engaged in interstate commerce that own or possess electronic data containing personal information to establish security policies and procedures. It authorizes the FTC to require standard methods for destroying obsolete nonelectronic data. It also would require keepers of personal information records to establish procedures to verify the accuracy of information; provide people whose personal information it maintains a means to review it; place notice on the Internet instructing individuals how to request access to such information; and correct inaccurate information.

On Dec. 8, 2009, the bill passed in the House with a voice vote. The next day, it was referred to the Senate Committee on Commerce, Science, and Transportation.

In addition, the Department of Homeland Security is working with Congress to pass S. 1261, a bill that seeks to better protect the security, confidentiality, and integrity of personal information collected by states issuing drivers' licenses and other identification documents. The bill was introduced by Sen. Daniel Akaka, D-Hawaii, on June 15, 2009, and currently is before the Committee on Homeland Security and Governmental Affairs.

We move this promise to In the Works.