Subcommittee to Vote on Data Breach Bill

The first major vote on privacy legislation in this Congress is scheduled for tomorrow in the House Subcommittee on Commerce, Manufacturing and Trade. HR 2577, the "Safe Data Act" was introduced yesterday by Subcommittee Chair Mary Bono Mack.

The legislation requires entities holding personal data in electronic format to protect it and report breaches to affected persons. Breaches involving properly encrypted data need not be reported.

Unlike other pending data breach bills, including S 1207, the legislation does not include any provision relating to the use of pretext. NCISS has been concerned about possible amendments regarding pretexting because the issue was raised during earlier hearings in the subcommittee. Two House bills include such bans on pretexting to obtain personal information.

NCISS has urged Chair Bono Mack and Subcommittee members to oppose any amendment to add such a provision to the bill.

In addition, we are working with the International Anti-Counterfeiting Coalition (IACC) to oppose efforts to restrict the use of pretext. We are forging a united front on the issue with this prestigious coalition.

NCISS will continue to oppose efforts to deny investigators the use of lawful investigative techniques.

We will keep you apprised of the progress of the legislation and our efforts to protect the interests of the profession and our clients.

Keeping the profession informed,