Bill Would Establish Cybersecurity Inspections, Impose Mandatory Penalties, and Compensate Consumers for Stolen Data

beSpacific 2018-01-10

“United States Senators Elizabeth Warren (D-Mass.) and Mark Warner (D-Va.) today introduced the Data Breach Prevention and Compensation Act to hold large credit reporting agencies (CRAs) – including Equifax – accountable for data breaches involving consumer data. The bill would give the Federal Trade Commission (FTC) more direct supervisory authority over data security at CRAs, impose mandatory penalties on CRAs to incentivize adequate protection of consumer data, and provide robust compensation to consumers for stolen data. In September 2017, Equifax announced that hackers had stolen sensitive personal information – including Social Security Numbers, birth dates, credit card numbers, driver’s license numbers, and passport numbers – of over 145 million Americans. The attack highlighted that CRAs hold vast amounts of data on millions of Americans but lack adequate safeguards against hackers. Since 2013, Equifax has disclosed at least four separate hacks in which sensitive personal data were compromised. The Data Breach Prevention and Compensation Act would establish an Office of Cybersecurity at the FTC tasked with annual inspections and supervision of cybersecurity at CRAs. It would impose mandatory, strict liability penalties for breaches of consumer data beginning with a base penalty of $100 for each consumer who had one piece of personal identifying information (PII) compromised and another $50 for each additional PII compromised per consumer. Under this legislation, Equifax would have had to pay at least a $1.5 billion penalty for their failure to protect Americans’ personal information. To ensure robust recovery for affected consumers, the bill would also require the FTC to use 50% of its penalty to compensate consumers and would increase penalties in cases of woefully inadequate cybersecurity or if a CRA fails to timely notify the FTC of a breach.”

Text of Bill (PDF)

Fact Sheet (PDF)