[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 450 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 450
To amend the Gramm-Leach-Bliley Act to provide for enhanced protection
of nonpublic personal information, including health information, and
for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 1, 2001
Mr. Nelson of Florida introduced the following bill; which was read
twice and referred to the Committee on Banking, Housing, and Urban
Affairs
_______________________________________________________________________
A BILL
To amend the Gramm-Leach-Bliley Act to provide for enhanced protection
of nonpublic personal information, including health information, and
for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Financial Institution Privacy
Protection Act of 2001''.
SEC. 2. PROTECTION OF PRIVATE HEALTH INFORMATION.
Section 509(4) of the Gramm-Leach-Bliley Act (15 U.S.C. 6809(4)) is
amended by adding at the end the following:
``(D) The term `nonpublic personal information'
includes health information, defined as any
information, including genetic information, demographic
information, and tissue samples collected from an
individual, whether oral or recorded in any form or
medium--
``(i) that is created or received by a
health care provider, health researcher, health
plan, health oversight agency, public health
authority, employer, health or life insurer,
school or university; and
``(ii) that --
``(I) relates to the past, present,
or future physical or mental health or
condition of an individual (including
individual cells and their components),
the provision of health care to an
individual, or the past, present, or
future payment for the provision of
health care to an individual; and
``(II) that identifies an
individual, or with respect to which
there is a reasonable basis to believe
that the information can be used to
identify an individual.''.
SEC. 3. OPT-IN FOR SHARING OF INFORMATION.
Section 502 of the Gramm-Leach-Bliley Act (15 U.S.C. 6802) is
amended--
(1) in subsection (a)--
(A) by inserting ``any affiliate or'' before ``a
nonaffiliated'';
(B) by striking ``unless such'' and inserting the
following: ``unless--
``(1) the institution provides''; and
(C) by striking the period at the end and inserting
the following: ``; and
``(2) the consumer to whom the information pertains--
``(A) has affirmatively consented (in writing, in
the case of health information, as defined in section
509(4)(D)), in accordance with rules prescribed under
section 504, to the disclosure of such information; and
``(B) has not withdrawn such consent.''; and
(2) by striking subsection (b) and inserting the following:
``(b) Denial of Service Prohibited.--A financial institution may
not deny a financial product or a financial service to any consumer
based on the refusal by the consumer to grant the consent required by
this section.''.
SEC. 4. COMPLIANCE OFFICERS.
Section 503 of the Gramm-Leach-Bliley Act (15 U.S.C. 6803) is
amended by adding at the end the following:
``(c) Compliance Officers.--Each financial institution shall
designate a privacy compliance officer, who shall be responsible for
ensuring compliance by the institution with the requirements of this
title and the privacy policies of the institution.''.
SEC. 5. LIABILITY.
Section 505 of the Gramm-Leach-Bliley Act (15 U.S.C. 6805) is
amended by adding at the end the following:
``(e) Civil Penalties.--The Attorney General of the United States
may bring a civil action in the appropriate district court of the
United States against any financial institution that engages in conduct
constituting a violation of this title, and, upon proof of such
violation--
``(1) the financial institution shall be subject to a civil
penalty of not more than $100,000 for each such violation; and
``(2) the officers and directors of the financial
institution shall be subject to, and shall be personally liable
for, a civil penalty of not more than $10,000 for each such
violation.''.
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