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SEC amends reg to better protect consumer information

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Industry Regulation, Inside the Beltway
Tuesday, May 21, 2024

To address data security risks associated with emerging technologies, the Securities and Exchange Commission (SEC) adopted amendments to Regulation S-P to modernize and enhance rules governing the treatment of consumers’ nonpublic personal information by certain financial institutions.

With the updated amendments, covered institutions will be required to develop, implement and maintain written policies and procedures for incident response programs reasonably designed to detect, respond to and recover consumer information when accessed or used by an unauthorized source. These response programs must include procedures for notifying individuals whose sensitive customer information was or is reasonably likely to have been accessed or used without authorization, according to an SEC press release. 

The amendments are intended to address the expanded use of technologies offered by broker-dealers (including funding portals), investment companies, registered investment advisers and transfer agents since Regulation S-P was adopted more than 20 years ago.  

“Over the last 24 years, the nature, scale, and impact of data breaches has transformed substantially,” SEC Chair Gary Gensler said in the release. “These amendments to Regulation S-P will make critical updates to a rule first adopted in 2000 and help protect the privacy of customers’ financial data. The basic idea for covered firms is if you’ve got a breach, then you’ve got to notify. That’s good for investors.”

Covered institutions will have to provide consumers notice as soon as practicable, but no later than 30 days after learning their information was reasonably likely to have been accessed or used without authorization. The notice must include details about the incident, the breached data and how affected individuals can respond to the breach to protect themselves.

According to a fact sheet provided by the SEC, the newly adopted amendments also make the following updates to Regulations S-P:

·        “Expand and align the safeguards and disposal rules to cover both nonpublic personal information that a covered institution collects about its own customers and nonpublic personal information it receives from another financial institution about customers of that financial institution;

·        “Require covered institutions, other than funding portals, to make and maintain written records documenting compliance with the requirements of the safeguards rule and disposal rule;

·        “Conform Regulation S-P’s annual privacy notice delivery provisions to the terms of an exception added by the FAST Act, which provide that covered institutions are not required to deliver an annual privacy notice if certain conditions are met; and 

·        “Extend both the safeguards rule and the disposal rule to transfer agents registered with the Commission or another appropriate regulatory agency.”

The amendments will take effect 60 days after publication in the Federal Register. Larger entities will have 18 months following the publication date to comply with the new requirements. Smaller entities will have 24 months to comply.

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