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

Ars Technica: Apple has Finally Embraced Key-Based 2FA

Security keys are more secure and are finally ready for the masses, reports Ars Technica.…

Read More →

Progress Report: FIDO’s Effort to Eliminate Passwords

“Progress Report: FIDO’s Effort to Eliminate Passwords” FIDO Alliance’s Andrew Shikiar, Executive Director & CMO,…

Read More →

Apple @ Work Podcast: iOS 14 and macOS Big Sur Bring New Password Technology to Market

In this episode of the Apple @ Work podcast, Bradley is joined by Andrew Shikiar…

Read More →