Sec. 6. Definitions
715 words·~3 min read·
/bill/113/s/1976/is/section-6A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term breach of security means compromise of the security, confidentiality, or integrity of, or loss of, data in electronic form that results in, or there is a reasonable basis to conclude has resulted in, unauthorized access to or acquisition of personal information from a covered entity. The term breach of security does not include— a good faith acquisition of personal information by a covered entity, or an employee or agent of a covered entity, if the personal information is not subject to further use or unauthorized disclosure; any lawfully authorized investigative, protective, or intelligence activity of a law enforcement or an intelligence agency of the United States, a State, or a political subdivision of a State; or the release of a public record not otherwise subject to confidentiality or nondisclosure requirements.
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, and any charitable, educational, or nonprofit organization, that acquires, maintains, or utilizes personal information. The term data in electronic form means any data stored electronically or digitally on any computer system or other database, including recordable tapes and other mass storage devices.
The term designated entity means the Federal Government entity designated by the Secretary of Homeland Security under section 4. The term encryption means the protection of data in electronic form in storage or in transit using an encryption technology that has been adopted by an established standards setting body which renders such data indecipherable in the absence of associated cryptographic keys necessary to enable decryption of such data. Such encryption must include appropriate management and safeguards of such keys to protect the integrity of the encryption.
The term identity theft means the unauthorized use of another person's personal information for the purpose of engaging in commercial transactions under the identity of such other person, including any contact that violates section 1028A of title 18, United States Code. The term major credit reporting agency means a consumer reporting agency that compiles and maintains files on consumers on a nationwide basis within the meaning of section 603(p) of the Fair Credit Reporting Act (15 U.S.C. 1681a(p)).
The term personal information means any information or compilation of information that includes— a non-truncated social security number; a financial account number or credit or debit card number in combination with any security code, access code, or password that is required for an individual to obtain credit, withdraw funds, or engage in a financial transaction; or an individual’s first and last name or first initial and last name in combination with— a driver’s license number, a passport number, or an alien registration number, or other similar number issued on a government document used to verify identity; unique biometric data such as a finger print, voice print, retina or iris image, or any other unique physical representation; a unique account identifier, electronic identification number, user name, or routing code in combination with any associated security code, access code, or password that is required for an individual to obtain money, goods, services, or any other thing of value; or 2 of the following:
Home address or telephone number. Mother’s maiden name, if identified as such. Month, day, and year of birth. If the Commission determines that the definition under subparagraph
(A)is not reasonably sufficient to protect individuals from identity theft, fraud, or other unlawful conduct, the Commission by rule promulgated under section 553 of title 5, United States Code, may modify the definition of personal information under subparagraph
(A)to the extent the modification will not unreasonably impede interstate commerce. The term service provider means a person that provides electronic data transmission, routing, intermediate and transient storage, or connections to its system or network, where the person 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 person transmits, routes, or stores, or for which such person provides connections. Any such person shall be treated as a service provider under this Act 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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