Skip to content

Menu

LexBlog, Inc. logo
NetworkSub-MenuBrowse by SubjectBrowse by PublisherJoin the NetworkGet StartedSubscribeSupportContact
Search
Close

FTC seeks comment on proposed amendments to safeguards and privacy rules

By Philip N. Yannella & Gina M. Pickerrell on March 8, 2019
Email this postTweet this postLike this postShare this post on LinkedIn

The FTC has proposed amendments to its 2003 Safeguards Rule and 2000 Privacy Rule, applicable to financial institutions under the Gramm Leach Bliley Act (GLBA).  The proposed changes are informed by the FTC’s enforcement experience and are intended to keep pace with technological developments.

The Safeguards Rule requires financial institutions to have a comprehensive information security program.  The proposed rule amendment will more clearly define the requirements for such information security programs.  Some of the proposed changes to the Safeguards Rule include:

  • Encryption of all consumer data,
  • Implementing access controls to prevent unauthorized users from accessing consumer information;
  • Implementing multifactor authentication to access consumer data, and
  • Requiring periodic reports submitted to the boards of directors to ensure compliance.

The proposed amendments to the Safeguards Rule will better align the rule with prevailing cyber security standards, such as the NY DFS cybersecurity regulations and the NIST framework.  The amendments are also designed to ensure that non-bank financial technology entities, fintechs, are subject to cybersecurity standards similar to those that banks are subject to under the FFIEC interagency guidelines.

Further, the Commission proposes to expand the definition of “financial institution” in both the Privacy Rule and the Safeguards Rule to include companies engaged in activities “incidental to financial activities.”  The expansion includes “finders” or those who charge a fee to connect consumers looking for a loan to a lender.

While the proposed changes to the Safeguards Rule and Privacy Rule will provide more clarity for certain GLBA covered entities regarding the contours of their information security programs, the proposed expansion of the definition of financial institution may not be greeted with open arms by the companies not currently covered by the Safeguards Rule and the Privacy Rule.

Philip N. Yannella

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use…

yannellap@ballardspahr.com | 215.864.8180 | view full bio

As Practice Leader of Ballard Spahr’s Privacy and Data Security Group, and Practice Leader of the firm’s E-Discovery and Data Management Group, Philip N. Yannella provides clients with 360-degree advice on the transfer, storage, and use of digital information.

Phil regularly advises clients on the Stored Communications Act (SCA), Computer Fraud and Abuse Act (CFAA), EU-US Privacy Shield, General Data Protection Regulation (GDPR), Defense of Trade Secrets Act, PCI-DSS, Telephone Consumer Protection Act (TCPA), New York Department of Financial Services Cybersecurity Regulations, ISO 27001 compliance, HIPAA Security Rules, and FTC enforcement activity, as well as eDiscovery issues—leveraging his experience serving as National Discovery Counsel for more than two dozen companies in nationwide litigation. He harnesses his deep knowledge of privacy, data security, and information governance laws to help multinational companies develop global information governance programs to comply with overlapping, and sometimes conflicting, laws. Phil serves on the advisory board for the ACC Foundation’s Cybersecurity Survey, the largest survey of in-house counsel on cybersecurity issues.

Email
Show more Show less
  • Posted in:
    Banking, Finance and Securities, Privacy and Cybersecurity
  • Blog:
    Consumer Finance Monitor
  • Organization:
    Ballard Spahr LLP
  • Article: View Original Source

Call us at 1-800-913-0988 or email sales@lexblog.com.

Facebook LinkedIn Twitter RSS
The Library at LexBlog
  • About LexBlog
  • The Field We Built
  • Library at LexBlog
  • Our Beliefs
  • Our Team
  • Contact LexBlog
  • Disclaimer
  • Editorial Policy
  • Terms of Service
  • Get Started
  • Publishing Solutions
  • Compass
  • Submit a Request
  • Support Center
  • System Status
Copyright © 2026, LexBlog, Inc. All Rights Reserved.
Law blog design & platform by LexBlog LexBlog Logo