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109th Congress (2005-2006)

SUBCOMMITTEE ACTION

Subcommittee on Commerce, Trade, and Consumer Protection

Thursday, November 3, 2005 


H.R. 4127, "Data Accountability and Trust Act (DATA)", was forwarded to the full Committee, amended, by a yea-nay vote: 13 - 8.

The following amendment was offered:

An en bloc amendment by Mr. Stearns, #1, was adopted by a voice vote;

An amendment to the Stearns amendment by Mr. Markey, #1A, to strike the removal of the language regarding insertion of disputed information in data brokers' files and also to add a requirement that data brokers notify consumers of the source of the erroneous information so that consumers could correct the problem in the public record, was defeated by a yea-nay vote: 8 - 14;

An amendment to the Stearns amendment by Mr. Markey, #1B, to require companies to provide a conspicuous notice to consumers whenever it intends to transfer the consumer's personal data to offshore data bases or data processors and give the consumer the right to block such data transfers, was defeated by a yea-nay vote: 8 - 15;

An amendment by Mr. Markey, #2, to strike the definition of "breach of security" and replace it with the definition now in California State law (effectively removing the risk test -- which enables the company that leaked the information to decide whether notification is required -- and replacing it with a requirement that consumer notification is required if there has been unauthorized access of personal information that compromises the security, confidentiality, or integrity of the information), was defeated by a yea-nay vote: 8 - 15;

An amendment by Mr. Murphy, #3, re: inclusion of individual health care information, was withdrawn;

An amendment by Ms. Schakowsky, #4, to strike the preemption currently in the bill and insert language to preempt only inconsistencies between the State and Federal laws and only to the extent of the inconsistency (it would not consider stronger State laws to be inconsistent), was defeated by a yea-nay vote: 8 - 14;

An amendment by Mrs. Blackburn, #5, re: substitute notification and entities possessing electronic personal information on fewer than 1,000 individuals, was adopted, as amended by the Blackburn unanimous consent request, by a voice vote. [During discussion of the amendment, Mrs. Blackburn asked unanimous consent to replace 'or' with 'and' in line 4 of the amendment, with no objection]

An amendment by Mr. Green and Ms. Baldwin, #6, to authorize State Attorneys General to bring civil action on behalf of a State's residents if they have reason to believe that the interests of the residents of the State they represent have been, are being, or are adversely affected by a person violating the provisions of this bill or any rule prescribed thereunder, was defeated by a yea-nay vote: 9 - 14;

An amendment by Ms. Schakowsky, #7, to require that all unauthorized access of personal information be reported to the Federal Trade Commission, was defeated by a yea-nay vote: 6 - 12;

An amendment by Mr. Gonzalez, #8, to require that any person collecting or possessing data containing personal information must ensure that any record of that data must be destroyed in a specific manner, once the records are no longer needed, in order to avoid the personal information contained therein to be stolen by what is commonly known as "dumpster diving," was adopted, as amended by the Gonzalez unanimous consent request, by a voice vote. [During discussion of the amendment, Mr. Gonzalez asked unanimous consent to delete "or other record" in line 2 of the amendment,with no objection];

An amendment by Ms. Schakowsky, #9, to require companies to keep an audit trail that shows who accessed information, what information was accessed, and why the information was accessed, was defeated by a yea-nay vote: 6 - 12;

An amendment by Mr. Markey, #10, to make it a crime for a person to sell or purchase Social Security numbers, was withdrawn.


THE SUBCOMMITTEE ADJOURNED SUBJECT TO THE CALL OF THE CHAIR


Prepared by the Committee on Energy and Commerce
2125 Rayburn House Office Building, Washington, DC 20515