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

Spark, CBC Radio: Forget the password. No, really! They’re about to become obsolete

FIDO Executive Director Brett McDowell tells radio host Nora Young how WebAuthn is bringing simpler,…

Read More →

The Canadian Press: Death of the password? New web standard trades passcodes for biometrics

The Canadian Press reports that experts are “excited about the prospect of making logins “unphishable””…

Read More →

The Guardian: RIP passwords: new web standard designed to replace login method

In this article, The Guardian’s Samuel Gibbs reports that “WebAuthn will eliminate need for passwords…

Read More →