Mr. President, I am very pleased to introduce today the Data Breach Notification Act of 2011. This bill would require that consumers be notified when their sensitive personally identifiable information has been exposed in a data breach and also that law enforcement receive notice of major breaches of data security. In 2003, California was the pioneer in requiring data breach notification. Forty-six States, the District of Columbia, Puerto Rico, and the Virgin Islands now have similar laws. Consumers in all states deserve to benefit from these protections; businesses should not be subject to 46 different and at times conflicting laws; and Federal law enforcement critically needs to receive information about major breaches occurring across the country. I have introduced data breach notification legislation in several prior Congresses. During the last Congress, that legislation, called the Data Breach Notification Act, S. 139, passed through the Judiciary Committee and was reported to the Senate floor. Unfortunately, the bill stalled there and went no further. President Obama included similar data breach notification provisions in his broad cybersecurity proposal, released just last month. The bill I am introducing today is identical to the bill I have introduced in the past. This legislation is long overdue and should finally be enacted now, during this Congress. I have 3 points to make about this bill.…
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