Markey questions FBI data collection in wake of hack

Markey said the incident "raises questions about why the FBI had this information in the first place."

"While engaged in their efforts to protect and serve the public, law enforcement must protect their servers and computers that contain any personal data about Americans," he said.

The FBI said it has no evidence that one of its computer was hacked or that its agents ever collected the phone data.

Markey said more information about the reported breach is needed, but he said it would be a "mistake to allow this recent incident to pass without reexamining and recommitting ourselves to dealing with this vital personal privacy and protection issue."

Markey urged lawmakers to take up his Wireless Surveillance Act,  which would restrict law enforcement's ability to collect data from mobile phones. The draft bill would require regular disclosures from police about the kinds of information they are collecting and would require them to get a warrant before tracking a phone's location.