SECURE Data Act

(a) In general. Nothing in this Act may be construed to relieve or change an obligation that a controller or processor may have under any of the following:

(1) The Children’s Online Privacy Protection Act of 1998 (15 U.S.C. 6501 et seq).

(2) Title V of the Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.).

(3) Part C of title XI of the Social Security Act (42 U.S.C. 1320d et seq.).

(4) Subtitle D of the HITECH Act (42 U.S.C. 17921 et seq.).

(5) Any regulations promulgated under section 264(c) of HIPAA (42 U.S.C. 1320d–2 note).

(6) The requirements regarding the confidentiality of substance use disorder information under section 543 of the Public Health Service Act (42 U.S.C. 290dd–2) or any regulation promulgated under such section.

(7) The Fair Credit Reporting Act (15 U.S.C. 1681 et seq.).

(8) Section 444 of the General Education Provisions Act (commonly known as the Family Educational Rights and Privacy Act of 1974) (20 U.S.C. 1232g) and part 99 of title 34, Code of Federal Regulations (or any successor regulation), to the extent a controller or processor is an educational agency or institution (as such term is defined in 99.3 of such title (or any successor regulation)).

(9) The regulations related to the protection of human subjects under part 46 of title 45, Code of Federal Regulations.

(10) The Health Care Quality Improvement Act of 1986 (42 U.S.C. 11101 et seq.).

(11) Part C of title IX of the Public Health Service Act (42 U.S.C. 299b–21 et seq.).

(12) Chapter 123 of title 18, United States Code.

(b) Relationship to Communications Act of 1934

(1) In general. Except as provided in paragraph (2), the Communications Act of 1934 (47 U.S.C. 151 et seq.), and any regulation promulgated by the Federal Communications Commission pursuant to such Act, shall not apply to a controller or processor with respect to the collection, use, processing, transferring, or security of personal data.

(2) Exception. Paragraph (1) does not apply to the extent a regulation or order pertains solely to emergency services.

(c) Repeal. Section 2710 of title 18, United States Code, is repealed.