Name of legislation
Industry
targeted
Breach provisions
Security provisions
the file of that consumer, and also provide
that alert along with any
credit score generated.
159 Consumers are
entitled to receive free
annual credit reports
from the top credit
reporting agencies.
160
The Act also requires
some banks and other
financial institutions to
disclose credit report
information to their
consumers and to
develop programs to
prevent and mitigate
identity theft.
161
Finally, the Act aims to
help victims of identity
theft by requiring lending institutions to notify
victims of their rights
162
3 Data Protection in the Electronic Communications Sector
The primary federal legislation that regulates the privacy of electronic communications is the Electronic Communications Privacy Act of 1986.
163 The ECPA updated
the Federal Wiretap Act of 1968, which “addressed interception of conversations
using “hard” telephone lines, but did not apply to interception of computer and other
digital and electronic communications”.
164 The ECPA regulates the interception of
159 15 U.S. Code § 1681c–1.
160 “The Fair Credit Reporting Act (FCRA) and the Privacy of Your Credit Report”, Epic.org.
Available online at: https://epic.org/privacy/fcra/.
161 Id.
162 Id.
163 18 U.S.C. § 2510-22. The ECPA also includes the Stored Wire Electronic Communications Act.
164 “Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. § 2510-22”, Justice
Information Sharing, U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Assistance, last updated on: 30 July 2013. Available online at: https://it.ojp.gov/PrivacyLiberty/authori
ties/statutes/1285 Last accessed on 13 August 2017 [hereinafter ECPA 1986].
Data Protection in the United States: U.S. National Report
431
Industry
targeted
Breach provisions
Security provisions
the file of that consumer, and also provide
that alert along with any
credit score generated.
159 Consumers are
entitled to receive free
annual credit reports
from the top credit
reporting agencies.
160
The Act also requires
some banks and other
financial institutions to
disclose credit report
information to their
consumers and to
develop programs to
prevent and mitigate
identity theft.
161
Finally, the Act aims to
help victims of identity
theft by requiring lending institutions to notify
victims of their rights
162
3 Data Protection in the Electronic Communications Sector
The primary federal legislation that regulates the privacy of electronic communications is the Electronic Communications Privacy Act of 1986.
163 The ECPA updated
the Federal Wiretap Act of 1968, which “addressed interception of conversations
using “hard” telephone lines, but did not apply to interception of computer and other
digital and electronic communications”.
164 The ECPA regulates the interception of
159 15 U.S. Code § 1681c–1.
160 “The Fair Credit Reporting Act (FCRA) and the Privacy of Your Credit Report”, Epic.org.
Available online at: https://epic.org/privacy/fcra/.
161 Id.
162 Id.
163 18 U.S.C. § 2510-22. The ECPA also includes the Stored Wire Electronic Communications Act.
164 “Electronic Communications Privacy Act of 1986 (ECPA), 18 U.S.C. § 2510-22”, Justice
Information Sharing, U.S. Dept. of Justice, Office of Justice Programs, Bureau of Justice Assistance, last updated on: 30 July 2013. Available online at: https://it.ojp.gov/PrivacyLiberty/authori
ties/statutes/1285 Last accessed on 13 August 2017 [hereinafter ECPA 1986].
Data Protection in the United States: U.S. National Report
431