OCIE has released a risk alert regarding credential stuffing in the context of compliance with Regulation S-P and Regulation S-ID, and is encouraging firms to both (i) review and update their policies and procedures to address the risks associated with credential stuffing and (ii) consider proactive outreach to customers regarding measures taken to safeguard their […]
Financial Privacy
The NYDFS Brings First Enforcement Action under the Cybersecurity Regulation
On Tuesday, July 21, 2020, the New York Department of Financial Services (the “NYDFS”) brought its first enforcement action under its Cybersecurity Regulation (the “Regulation”) against a large title insurer (the “Company”) for failing to protect sensitive personal information. The NYDFS is seeking civil monetary penalties, an order requiring the Company to remedy the alleged […]
The FTC Expands its FCRA Enforcement Activity In Action Against Retailer
Most businesses are already familiar with the Fair Credit Reporting Act (“FCRA”) and the various requirements to protect the fairness, accuracy, and privacy of consumer credit information. However, a recent FTC enforcement action against the retailer Kohl’s Department Store, Inc. (“Kohl’s”) has brought a rarely used provision of the statute to light. This provision—codified […]
FTC Cautions Against Biased Outcomes in Use of AI and Algorithms
As the healthcare and financial impacts of COVID-19 continue to evolve with the global pandemic, the use of AI technology and associated risks have received greater attention. On April 8, 2020, the FTC posted an extensive summary of its recent enforcement actions, studies, and guidance regarding the use of AI tools and algorithms. The summary […]
SEC Issues Risk Alert Noting Common Regulation S-P Compliance Issues
The SEC’s Office of Compliance Inspections and Examinations (“OCIE”) has issued a Risk Alert that provides an overview of the most common deficiencies or weaknesses in investment adviser and broker-dealer compliance with the Safeguards Rule, Regulation S-P, based on recent examinations. Placed in context with prior OCIE Risk Alerts concerning cybersecurity practices and Regulation S-P […]