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

Tech Radar: Bitwarden now supports passkeys on iOS devices

Popular free password manager Bitwarden now supports passkeys on iOS devices. The news follows the…

Read More →

GB News: Elon Musk just killed passwords on X, here’s what you need to use a passkey to login

Passkeys were developed by the FIDO Alliance, an industry body with the stated aim of…

Read More →

Dark Reading: Selecting the Right Authentication Protocol for Your Business

Authentication protocols like passkeys serve as the backbone of online security, enabling users to confirm…

Read More →


123238 Next