Sec. 504. Definitions
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/bill/113/hr/1468/ih/section-504·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this title: The term breach of security means unauthorized access and acquisition of data in electronic form containing personal information. The term Commission means the Federal Trade Commission. The term covered entity means a sole proprietorship, partnership, corporation, trust, estate, cooperative, association, or other commercial entity that acquires, maintains, stores, or utilizes personal information. The term covered entity does not include the following: Financial institutions subject to title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.).
An entity covered by the regulations issued under section 264(c) of the Health Insurance Portability and Accountability Act of 1996 ( Public Law 104–191 ) to the extent that such entity is subject to the requirements of such regulations with respect to protected health information. The term data in electronic form means any data stored electronically or digitally on any computer system or other database and includes recordable tapes and other mass storage devices. The term personal information means an individual's first name or first initial and last name in combination with any 1 or more of the following data elements for that individual:
Social Security number. Driver’s license number, passport number, military identification number, or other similar number issued on a government document used to verify identity. Financial account number, or credit or debit card number, and any required security code, access code, or password that is necessary to permit access to an individual’s financial account. Personal information does not include information obtained about an individual which has been lawfully made publicly available by a Federal, State, or local government entity or widely distributed by media.
Personal information does not include information that is encrypted, redacted, or secured by any other method or technology that renders the data elements unusable. The term service provider means an entity that provides electronic data transmission, routing, intermediate, and transient storage, or connections to its system or network, where such entity providing such services does not select or modify the content of the electronic data, is not the sender or the intended recipient of the data, and does not differentiate personal information from other information that such entity transmits, routes, stores, or for which such entity provides connections.
Any such entity shall be treated as a service provider under this title only to the extent that it is engaged in the provision of such transmission, routing, intermediate and transient storage, or connections.
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- Pub. L. 104-191
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