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            \Congressional                                                       ____
            'aResearch Service






CFPB Proposes New Regulation on Consumer

Data Rights



December 19, 2023

On October 31, 2023, the Consumer Financial Protection Bureau (CFPB) proposed a new regulation,
referred to as the Personal Financial Data Rights rule, to implement Section 1033 of the Dodd-Frank Wall
Street Reform and Consumer Protection Act (P.L. 111-203). The law provides consumers with a right of
access to their financial information, and the proposal would clarify the standards to support this data
right. The proposed standards include online data interface requirements, the types of financial data
covered, obligations for third-party financial institutions accessing consumer data, and data privacy and
security.
The goal of the CFPB's proposal is to give consumers control of their bank account and credit card
information and make data sharing safe, secure, and reliable. The CFPB director argues that if consumers
can more easily share their financial information in electronic formats, they will find it easier to switch
financial institutions, access credit, and use innovative new financial products and services, increasing
competition in consumer financial services. For example, the proposal could allow a consumer to more
easily share (1) bill pay information with another financial institution to switch to another bank, (2) bank
account transaction information with a lender to qualify for a loan, or (3) credit card transaction
information with a financial technology provider that analyzes spending behavior to help spend less.


Data Sharing Background

Financial technology has resulted in greater usage of digitized consumer financial data. For example,
most consumers currently access bank account information digitally through either mobile or online
banking.
The CFPB  finds that consumer data sharing has been growing in recent years and estimates that at least
100 million consumers have authorized third-party financial institutions, such as a data aggregator or data
intermediary, to access their account data. Third-party financial service applications include personal
financial management tools, payment tools, digital wallets, credit underwriting, and identity verification
tools.



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