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United States · Bill · S

S. 1789 (109th)

Personal Data Privacy and Security Act of 2005

openUnited States· United States Congress· EN

Introduced

29 September 2005

Last action

Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 297.

Sponsors

Subjects

Discovery layer

Source updated

10 August 2026

Summary

Personal Data Privacy and Security Act of 2005 - Amends the federal criminal code to prohibit: (1) intentionally accessing a computer without authorization and obtaining data broker information; (2) concealing security breaches involving sensitive personally identifiable information; and (3) unlawfully accessing another person's means of identification during a felony involving computers. Amends the Racketeer Influenced and Corrupt Organizations Act to cover fraud in connection with such unauthorized access. Directs the U.S. Sentencing Commission to amend the sentencing guidelines regarding identity theft. Requires a data broker to: (1) disclose to an individual, upon request, personal electronic records pertaining to such individual maintained for disclosure to third parties; and (2) publish on its website its procedures for responding to claims of inaccuracies. Establishes safeguards to protect the privacy and security of personal information applicable to certain business entities, which shall notify specified parties of security breaches. Requires the Administrator of the General Services Administration (GSA), in considering contract awards totaling more than $500,000, to evaluate: (1) the data privacy and security program of a data broker; (2) program compliance; (3) the extent to which databases and systems have been compromised by security breaches; and (4) data broker responses to such breaches. Directs: (1) the Secret Service to report to Congress on security breaches; and (2) the Comptroller General to conduct a study and audit of, and report on, federal agency use of data brokers or commercial databases containing personally identifiable information. Sets remedies for violations of this Act.

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Documents

6 official files

Reported to Senate (text)

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Sources

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