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Big Data in Financial Services: Privacy and

Security Regulation



November 15, 2019

Congress has shown interest in data privacy and security issues in the financial services industry,
including an upcoming iouse Financial Services task force hearing. Recent data breaches at large
financial institutions and credit reporting agencies have increased concern about the privacy and security
of the large amounts of consumer financial information (known increasingly as big data) that companies
gather, use, and store. Some of this information is public, whereas other information is considered
personal and nonpublic. No single law provides a framework for regulating data privacy in the United
States. Instead, rnsiad laws cover different industries.
In the financial services industry, several federal and state laws cover data privacy; most
comprehensively, the Gramm-Leach-Bliley Act (GLBA; P.L. 106-102) directs financial regulators to
implement disclosure requirements and security measures to safeguard private information. This Insight
summarizes GLBA's  regulatory implementation and discusses policy issues for Congress.


GLBA and the Financial Regulators

GLBA  provides a framework for regulating data privacy and security practices in the financial services
industry. This framework is built upon two pillars: (1) privacy standards that impose disclosure
limitations on financial institutions concerning consumers' information and (2) security standards that
require institutions to implement certain practices to safeguard the information from unauthorized access,
use, and disclosure. The two major rules for implementing this framework are known as the Privacy Rule
(Regulation P) and the Safeguards Rule, respectively. These rules are promulgated, supervised, and
enforced by different government agencies, and in some cases different agencies have rulemaking and
supervisory authority over the same entity.

Rulemaking

Rulemaking authority to implement the Privacy Rule through Regulation P is vested in four agencies. The
Federal Trade Commission (FTC) has the rulemaking authority for the Safeguards Rule. Table 1 provides
a crosswalk of the federal agencies and who they may regulate under each rule.

                                                                 Congressional Research Service
                                                                   https://crsreports.congress.gov
                                                                                       IN11199

CRS INSIGHT
Prepared for Members and
C ornm ttees  of  C onr-gress  ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

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