Consumer Financial Protection Circular 2022-04

Insufficient data protection or security for sensitive consumer information

Question presented

Can entities violate the prohibition on unfair acts or practices in the Consumer Financial Protection Act (CFPA) when they have insufficient data protection or information security?

Summary answer

Yes. In addition to other federal laws governing data security for financial institutions, including the Safeguards Rules issued under the Gramm-Leach-Bliley Act (GLBA), “covered persons” and “service providers” must comply with the prohibition on unfair acts or practices in the CFPA. Inadequate security for the sensitive consumer information collected, processed, maintained, or stored by the company can constitute an unfair practice in violation of 12 U.S.C. 5536(a)(1)(B). While these requirements often overlap, they are not coextensive.

Acts or practices are unfair when they cause or are likely to cause substantial injury that is not reasonably avoidable or outweighed by countervailing benefits to consumers or competition. Inadequate authentication, password management, or software update policies or practices are likely to cause substantial injury to consumers that is not reasonably avoidable by consumers, and financial institutions are unlikely to successfully justify weak data security practices based on countervailing benefits to consumers or competition. Inadequate data security can be an unfair practice in the absence of a breach or intrusion.


More

Payment Industry Intelligence: Agentic Commerce and the quiet return of Guest Checkout

Agentic commerce is steadily rewiring how digital transactions occur. Instead of shoppers manually navigating screens,…

Read More →

WSJ: Out With the Old: Is Ending Passwords the Start of Improved Identity Security?

From friction to fluidity: Why passkeys, biometrics, and magic links are poised to end the…

Read More →

PCWorld: 1Password review: A password manager designed for the Apple crowd

1Password started as a macOS app, way back in 2006—and you can still feel that…

Read More →


123308 Next

Subscribe to the FIDO newsletter

Stay Connected, Stay Engaged

Receive the latest news, events, research and implementation guidance from the FIDO Alliance. Learn about digital identity and fast, phishing-resistant authentication with passkeys.