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U.S. Regulators Step Up Regulation on Financial Data

Publications / Nov 30, 2021

Article written by Haim Ravia and Dotan Hammer

The US financial sector was visited by a wave of new regulatory rules during November.

At the beginning of the month, the FTC updated its Safeguard Rule to include more specific criteria for which safeguards must be implemented by financial institutions as part of their information security program. Those safeguards include limiting access authorizations to consumer information, using encryption to secure data and designating a qualified individual responsible for overseeing and implementing the institution’s information security program. In addition, the updated Safeguard Rule orders non-banking financial institutions (e.g., mortgage brokers) to develop, implement, and maintain a comprehensive security program, an obligation which had so far only applied to banking institutions. Simultaneously, the FTC published for public comments, another amendment to the Safeguard Rule, concerning the reporting of certain security incidents in financial institutions.

Later this month, the Federal Deposit Insurance Corporation, in cooperation with the Office of the Comptroller of the Currency and the Federal Reserve, issued a new rule requiring banks to notify their federal regulators of incidents that have materially affected – or will reasonably materially affect – the viability of the bank’s operations, its ability to deliver banking products and services, or the stability of the financial sector. The rule further requires banking service providers to notify affected banks of incidents as soon as possible. The rule will become effective as of April 1st, 2022, and compliance is required by May 1st.

CLICK HERE to read the FTC’s amended Safeguard Rule.

CLICK HERE to read the FTC’s suggested amendment to the Safeguard Rule, as published for public comments.

CLICK HERE to read the Federal Deposit Insurance Corporation’s Rule on Computer-Security Incident Notification Requirements for Banking Organizations and Their Bank Service Providers.