S 3742 Data Security and Breach Notification Act of 2010

About S.3742

Data Security and Breach Notification Act of 2010 - Requires the Federal Trade Commission (FTC) to promulgate regulations requiring each covered entity (proprietorships, partnerships, estates, trusts, cooperatives, and nonprofit and for-profit corporations) engaged in interstate commerce owning or possessing data containing personal information to establish specified security policies and procedures to treat and protect such information. Requires the regulations to include methods for disposing of both electronic and nonelectronic data. Requires information brokers to submit their security policies to the FTC in conjunction with a notification of a security breach notification or on FTC request. Authorizes the FTC to conduct information security practices audits of brokers or require brokers to conduct independent audits. Requires information brokers to:

• (1) establish procedures to verify the accuracy of information that identifies individuals;
• (2) provide to individuals whose personal information it maintains a means to review it;
• (3) place a conspicuous notice on the Internet instructing individuals how to request access to such information; and
• (4) correct inaccurate information

Directs the FTC to require information brokers to establish measures which facilitate the auditing or retracing of access to, or transmissions of, any data containing personal information. Makes it unlawful for information brokers to obtain or disclose personal information by false pretenses (pretexting). Requires a covered entity to notify the FTC and affected individuals of information security breaches. Sets forth requirements concerning such notification, including method of notification requirements and timeliness requirements. Allows an exemption from notification requirements if the covered entity determines that there is no reasonable risk of identity theft, fraud, or other unlawful conduct. Preempts state information security laws.