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Data Breach Compensation Act: New FTC Oversight and Penalties for Credit Agencies

This Act establishes an Office of Cybersecurity within the Federal Trade Commission (FTC) to supervise data security at consumer reporting agencies. It mandates strict cybersecurity standards and imposes significant financial penalties on agencies responsible for data breaches involving sensitive personal information. Crucially, 50% of the collected penalties will be distributed directly to affected consumers as compensation.
Key points
Creation of FTC Cybersecurity Office: A new office will supervise and examine credit reporting agencies (CRAs) to ensure compliance with data security requirements.
Mandatory Consumer Compensation: In case of a breach, 50% of the civil penalties collected will be fairly divided among affected consumers (e.g., $100 for basic data plus $50 for each additional piece of exposed information).
Severe Penalties for Breaches: Penalties can reach up to 50% of the CRA's gross annual revenue. This penalty is doubled (up to 75% of revenue) if the agency fails to notify the FTC within 10 days or violates security standards.
Rapid Notification Requirement: CRAs must notify the FTC within 10 days of a breach and inform affected consumers and the public on an expeditious and practical timeline.
Strict Security Standards: CRAs must implement rigorous technical measures, including encryption for data at rest and in transit, continuous monitoring, and meeting or exceeding NIST cybersecurity framework standards.
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Additional Information
Print number: 118_S_5449
Sponsor: Sen. Warren, Elizabeth [D-MA]
Process start date: 2024-12-05