WebV, Gramm-Leach-Bliley Act (15 U.S.C. The first is that it explicitly makes it illegal to use pretexting to try to gain access to the information about victims held by a financial institution covered by the Act. The table of sections for chapter one of title LXII of the Revised Statutes of the United States is amended by striking the item relating to section 5136A. Text 668.16(c), an institution is required to have an adequate system of internal controls that provides reasonable assurance that the institution will achieve its objectives regarding reporting, operations, and compliance. While all elements of the Safeguards Rule are vital to protecting the security of customer information, an institution or servicer may significantly reduce the risk of a security breach, and the resulting harm and inconvenience to its customers, by encrypting customer information while it is in transit outside its systems or stored on its system and by implementing multi-factor authentication for anyone accessing customer information on its systems. Is your company following the requirements of the Privacy Rule? 314.3(b)). rZ But this is not normally the case, and often different provisions of the law will logically belong in different, scattered locations in the Code. Provision allowing for exceptions after report to the Congress. box 40751 olympia wa 98504-0751 6804(a)(1), to develop a model form.The CFTC, which did not become subject to Title V of the GLB Act until 2000, is not Contributing writer, If you have questions regarding any of the GLBA requirements, please contact the FTC at 202-326-2222. Memo from Chair Lina M. Khan to commission staff and commissioners regarding the vision and priorities for the FTC. by redesignating paragraph (5) as paragraph (3). Subtitle B of title I of the Gramm-Leach-Bliley Act is amended by striking section 114 (12 U.S.C. Gramm The .gov means its official. "z0:jy+^2>yA8#4o ZZ'n{hI~B^[
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A;)sf5bbx6Gx0=(jfXaFBC&Gd*4Pe}LxUF(LnmOTUsyIqpY( From the perspective of infosec pros, though, the more immediately important aspect of the Pretexting Rule is that it requires financial services institutions themselves to take affirmative steps to prevent pretexting. (Of course, this isn't always the case; some legislation deals with a fairly narrow range of related concerns.). VIII. Privacy GLBA - Federal Deposit Insurance Corporation Element 4: Provides for the institution or servicer to regularly test or otherwise monitor the effectiveness of the safeguards it has implemented (16 C.F.R. 24a) is amended to read as follows: In the case of a national bank which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with a financial subsidiary as of the date of the enactment of this Act, such affiliation shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. The language of the notices may be fairly boilerplate, and indeed the SEC makes model forms available. 314.4(f)). In the case of a bank holding company which, pursuant to the amendments made by paragraph (1), is no longer authorized to control or be affiliated with any entity that was permissible for a financial holding company, any affiliation by the bank holding company which is not permitted for a bank holding company shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. For instance, large educational institutions now have their GLBA compliance reviewed as part of their annual federal compliance audits that they must submit to the Department of Education. | Congress.gov | Library of Congress c t`njNSj:;LpCY2nu#NeNu(}:ON? Text of H.R. 2714: Return to Prudent Banking Act of 2023 Rapp, James J., and Regana L. Rapp d/b/a Touch Tone Information, Inc. NovaStar Financial, Inc. and NovaStar Mortgage Inc. 16 CFR Part 314: Standards for Safeguarding Customer Information (Supplemental Notice of Proposed Rulemaking), 16 CFR Part 314: Standards for Safeguarding Customer Information (Final Rule), 16 CFR Part 313: Privacy of Consumer Financial Information Rule under the Gramm-Leach-Bliley Act, Ascension Data & Analytics, LLC; Analysis To Aid Public Comment, Agency Information Collection Activities; Submission for OMB Review; Comment Request (Privacy Rule), Agency Information Collection Activities; Proposed Collection; Comment Request (Privacy Rule), Postponement of Public Workshop Related to Proposed Changes to the Safeguards Rule, DealerBuilt/LightYear Dealer Technologies; Analysis To Aid Public Comment, 16 CFR Part 314: Standards for Safeguarding Customer Information; Extension of Deadline for Submission of Public Comments, Privacy of Customer Financial Information-Security; Advance Notice Of Proposed Rulemaking And Request For Comment, Final Model Privacy Form Under the Gramm-Leach-Bliley Act - 16 CFR Part 313, Standards for Safeguarding Customer Information; Final Rule - 16 CFR Part 314, Privacy of Consumer Financial Information; Final Rule - 16 CFR Part 313, Privacy of Consumer Financial Information; Proposed Rule - 16 CFR Part 313, Keynote Remarks of Commissioner Christine S. Wilson at the Privacy + Security Academy, Opening Remarks of Chairman Joseph Simons at FTC Equifax Press Conference, Opening Remarks of Commissioner Terrell McSweeny. What is the Gramm-Leach-Bliley Act? - SearchCIO And sometimes they are meant to garner political support for a law by giving it a catchy name (as with the 'USA Patriot Act' or the 'Take Pride in America Act') or by invoking public outrage or sympathy (as with any number of laws named for victims of crimes). Gramm-Leach-Bliley Act An Act to Enhance Competition in the Financial Services Industry by Providing a Prudential Framework for the Affiliation of Banks, Securities Firms, Insurance Companies, and Other Financial Service Providers, and for Other Purposes Public Law 106-102, 106th Congress, S. 900 NOTE: 113 Stat. To repeal certain provisions of the Gramm-Leach-Bliley Act and revive the separation between commercial banking and the securities business, in the manner TOPN: Gramm-Leach-Bliley Act - LII / Legal Information endobj Lina M. Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. ); (3)AAa covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, 45 C.F.R. Use our visualizations to explore scam and fraud trends in your state based on reports from consumers like you. Learn more about your rights as a consumer and how to spot and avoid scams. Section 8(c) of the International Banking Act of 1978 (12 U.S.C. GLBA related findings will have the same effect on an institutions participation in the Title IV programs as any other determination of non-compliance. If youve visited a bill page on GovTrack.us recently, you may have noticed a new study guide tab located just below the bill title. <> 0000007438 00000 n
The regulations at 16 C.F.R. The Graham-Leach-Bailey Act (GLBA) is a 1999 law that allowed financial services companies to offer both commercial and investment banking, something that had box 40751 olympia wa 98504-0751 The consequences for failure to comply with the GLBA can be severe: Our advice? 0000001912 00000 n
Section 728 of the Regulatory Relief Act directs the agencies named in Section 504(a)(1) of the GLB Act, 15 U.S.C. L. No. Gramm-Leach-Bliley Act | Federal Trade Commission Protect against unauthorized access to or use of such information that could result in substantial harm or inconvenience to any student (16 C.F.R. Help us develop the tools to bring real-time legislative data into the classroom. -rKER ANQ?H_aij#]Fv'E7#_#V~Fk
Jn%ENi?Px&deTCQu)7n-FuzdWo/@;5F[L{v=IMbIJ The current information security requirements that institutions must meet are the GLBA Safeguards Rule requirements at 16 C.F.R. ); (3)AAa covered entity or business associate governed by the privacy, security, and breach notification rules issued The 20th undesignated paragraph of section 9 of the Federal Reserve Act (12 U.S.C. The list of businesses that fall under this heading is broad, and includes debt collectors, real estate appraisers, automobile dealers, and even higher education institutions, which maintain bursar accounts for students and administer student loans. It might have even set a record. 314.4(i)). governs the Gramm-Leach-Bliley Act An official website of the United States government. If you are human user receiving this message, we can add your IP address to a set of IPs that can access FederalRegister.gov & eCFR.gov; complete the CAPTCHA (bot test) below and click "Request Access". Each institution that participates in the Title IV programs has agreed in its Program Participation Agreement (PPA) to comply with the GLBA Safeguards Rule under 16 C.F.R. Were looking to learn more about who uses GovTrack and what features you find helpful or think could be improved. 6 0 obj The guide summarizes and explains rule amendments adopted by the Commission, but is not a substitute for any rule. Each time the Board of Governors of the Federal Reserve System, the Comptroller of the Currency, or another appropriate Federal banking agency makes a determination or an extension under subparagraph (B) or (C) of paragraph (2) or (3) of section 18(bb) of the Federal Deposit Insurance Act (as added by section 2(a)) or subparagraph (B) or (C) of subsection (a)(2) or (b)(2) of section 3, as the case may be, the Board, Comptroller, or agency shall promptly submit a report of such determination or extension to the Congress. WebThe Security Guidelines implement section 501 (b) of the Gramm-Leach-Bliley Act (GLB Act) 4 and section 216 of the Fair and Accurate Credit Transactions Act of 2003 (FACT Act). This process will be necessary for each IP address you wish to access the site from, requests are valid for approximately one quarter (three months) after which the process may need to be repeated. GLBA consumer vs. customer. 0000001050 00000 n
WebThe Gramm Leach Bliley Act (GLBA) is a law that applies to financial institutions and includes privacy and information security provisions that are designed to protect consumer financial The general public may be most aware of the GLBA in the context of debates as to whether it helped cause the 2008 subprime mortgage crisis, but for IT professionals, it's much better known for the data security and privacy mandates it imposes on a wide range of companies and organizations, even beyond the banking industry. 78c(a)(5)(C)) is amended. Gramm-Leach-Bliley Act (Privacy of Consumer Financial Information) Introduction . In cases where no data breaches have occurred and the institutions or servicers security systems have not been compromised, if the Department determines that an institution or servicer is not in compliance with all of the Safeguards Rule requirements, the institution or servicer will need to develop and/or revise its information security program and provide the Department with a Corrective Action Plan (CAP) with timeframes for coming into compliance with the Safeguards Rule. Any affiliation of an insured depository institution with any broker or dealer, any investment adviser, any investment company, or any other person, as of the date of the enactment of the Return to Prudent Banking Act of 2023, which is prohibited under paragraph (1) shall be terminated as soon as practicable and in any event no later than the end of the 2-year period beginning on such date of enactment. Act Institutions violating the law can be fined up to $100,000 for each violation. What is GLBA Compliance? Understanding the Data Protection HTQj@}Ygv5/"M";eag|BG
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Add a note about this bill. The FTC enforces these provisions with regard to entities not specifically assigned by the provision to the Federal banking agencies or other regulators. Section 5136A of the Revised Statutes of the United States (12 U.S.C. by redesignating clauses (ii) and (iv) as clauses (i) and (ii), respectively. An individual who is an officer, director, partner, or employee of any broker or dealer, any investment adviser, any investment company, or any other person engaged principally in the issue, flotation, underwriting, public sale, or distribution at wholesale or retail or through syndicate participation of stocks, bonds, debentures, notes, or other securities may not serve at the same time as an officer, director, employee, or other institution-affiliated party of any insured depository institution. Please sign up for our advisory group to be a part of making GovTrack a better tool for what you do. Element 8: For an institution or servicer maintaining student information on 5,000 or more consumers, addresses the establishment of an incident response plan (16 C.F.R. The Gramm-Leach-Bliley Act (G-L-B) versus Best Practices in Network Security. Subject to a determination under subparagraph (B), the Comptroller of the Currency may extend the 2-year period referred to in subparagraph (A) above from time to time as to any particular national bank for not more than 6 months at a time, if, in the judgment of the Comptroller, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. A BILL TO BE ENTITLED AN ACT BE IT ENACTED BY THE %PDF-1.5
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(1971)) as to the construction and the purposes of such provisions. Our public interest mission means we will never put our service behind a paywall. Subject to a determination under subparagraph (B), an appropriate Federal banking agency may extend the 2-year period referred to in subparagraph (A) from time to time as to any particular insured depository institution for not more than 6 months at a time, if, in the judgment of the agency, such an extension would not be detrimental to the public interest, but no such extensions shall in the aggregate exceed 1 year. Before sharing sensitive information, make sure youre on a federal government site. M}f Pretexting is form of social engineering in which an attacker tries to convince a victim to give up valuable information or access to a service or system. 0000001610 00000 n
There are two different processes that people might be referring to when they talk about a GLBA audit. [ 1] The GLBA provides a framework for regulating the privacy and data security practices of a broad range of financial institutions. Section 4 of the Bank Holding Company Act of 1956 (12 U.S.C. The GrammLeachBliley Act (GLBA) provides customers to have secured information by financial institutions. 1831w). Short title. Text 8 0 obj by redesignating clauses (ii), (iv), (vi), (viii), and (ix) as clauses (i), (ii), (iii), (iv), and (v), respectively. These notices must describe the privacy practices of financial institutions, including whether and how they share customers nonpublic personal information. Check out their Cybersecurity Assessment Tool, which can help you identify specific areas in which your organization may not be aligned with the GLBA's requirements. 0000030139 00000 n
Our Table of Popular Names is organized alphabetically by popular name. WebGrammLeachBliley Act (GLBA), Regulation R, and Retail Nondeposit Investment Sales The Gramm-Leach-Bliley Act sets forth certain exceptions for banks from the broker-dealer registration requirements of the Securities and Exchange Act of 1934. 314.4(d)). %yH@ZZ8S-!$kC6=Rj@lExtQeY.OBkkn5L2]Clt`k=I[/BX*"AWpxjh,7bR4Eq[uL&-ey9D/1R*p95.^?s/KZ5/q-jj!h#,!Q :o8}*uj &
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WebThe Gramm-Leach-Bliley Act required the Federal Trade Commission (FTC) and other government agencies that regulate financial institutions to implement regulations to carry out the Acts financial privacy provisions (GLB Act). 314.4(g)). Youve cast your vote. The text of the bill below is as of Apr 18, 2023 (Introduced). 32k!6=uHSj\-1UIC]Li5]|:suWR+R4;<0{PC\ZW]dt
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#c$Wv(9y^/UR|P{Of'`N&;z TBGWbKw9DCvT] H.R.2714 - 118th Congress (2023-2024): To repeal certain provisions of the Gramm-Leach-Bliley Act and revive the separation between commercial banking and the securities business, in the manner provided in the Banking Act of 1933, the so-called "Glass-Steagall Act", and for other purposes. 1. \
); (3)AAa covered entity or business associate governed by the privacy, security, and breach notification rules issued by the United States Department of Health and Human Services, 45 C.F.R. Are you up on what the revised Rule requires? Limitation on agency interpretation or judicial construction. 78c note) is amended. on this bill on a six-point scale from strongly oppose to strongly support. We enforce federal competition and consumer protection laws that prevent anticompetitive, deceptive, and unfair business practices. Lina M. Khan was sworn in as Chair of the Federal Trade Commission on June 15, 2021. Ms. Kaptur (for herself, Ms. Norton, Ms. Omar, Ms. Pingree, Ms. Wild, Ms. Tlaib, Mr. Pocan, and Mrs. Watson Coleman) introduced the following bill; which was referred to the Committee on Financial Services. 314.4(h)). Finally, acts may be referred to by a different name, or may have been renamed, the links will take you to the appropriate listing in the table. 0000000897 00000 n
1338, codified in relevant part primarily at 15 U.S.C. 510 GRAMM-LEACH-BLILEY ACT14 (8) STATE INSURANCE AUTHORITY.The term State insur- ance authority means, in the case of any person engaged in providing BpcUNy!6g82ja3u|jMM#GHR! 4 0 obj is amended by inserting after section 502 the following: 502A. L. 111203, set out as a note under section 552a of Title 5, Government Organization and Employees. 0000001782 00000 n
The Gramm-Leach-Bliley Act (GLBA), signed into law last November, authorized the certification of financial holding companies, the structure that looks to be the main vehicle for linking commercial banks with securities firms, insurance firms, and merchant banking. <> !`MBq!O!Xe=xB7p4IjPw 0jb7cZ5>$. Any GLBA findings identified through a compliance audit, or any other means, after the effective date will be resolved by the Department during the evaluation of the institutions or servicers information security safeguards required under GLBA as part of the Departments final determination of an institutions administrative capability. G lfD ] _#1WL~3"n[d^'Zv;f;Yah~9yea19I>~T{[1dK@=?Z~ax>8D;bc&aoF SB;\R )jmAX4p& 1445, provided that: to insure the security and confidentiality of customer records and information; to protect against any anticipated threats or hazards to the security or integrity of such records; and. 6803(f)), and before disclosing any consumer's personal financial information to an unaffiliated third party, and must give notice and an opportunity for that consumer to "opt out" from such disclosure. WebV, Gramm-Leach-Bliley Act (15 U.S.C. ), was designed to regulate the disclosure and protection of nonpublic personal information (NPI) collected by a financial institution from an individual in order to obtain a financial product or service from the institution for personal, family, or Section 21 of the Banking Act of 1933 (12 U.S.C. <> Pub. Ensure the security and confidentiality of student information; Protect against any anticipated threats or hazards to the security or integrity of such information; and. Franchisee Conversations with Chair Khan and Cmr. Title V, subtitle A, of this Act (15 U.S.C. This is, obviously, a very broad mandate, though the good news is that it's obviously also a set of best practices that any organization that retains personal data ought to be following anyway; it's also broadly similar to regulatory mandates imposed on other industries like health care, so companies covered by multiple sets of regulations shouldn't have to duplicate work. In Dear CPA LetterCPA-19-01, the Office of Inspector General (OIG) explained the audit procedures for auditors to determine whether institutions were complying with GLBA. 1 This guide was prepared by the staff of the U.S. Securities and Exchange Commission as a "small entity compliance guide" under Section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996, as amended. Data breaches (a) In general Title V of the Gramm-Leach-Bliley Act ( 15 U.S.C. WebThe Gramm-Leach-Bliley Act (GLBA), also known as the Financial Services Modernization Act of 1999 (15 USC 6801 et seq. ]JX9&TN:pP2U:'%#yqQ_ ,0C5)4KzOD^W [~A5R&16 uveAgH)djZ^rM_8#!yVxW5B$}
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Privacy of Consumer Financial endobj Place hold Add to cart However, individuals have the right to choose whether the information is disclosed under the Act. This is a project of Civic Impulse, LLC. 0000000809 00000 n
The Gramm Leach Bliley Act (GLB or GLBA) was enacted in 1999. S. 1179. At its top level, it divides the world of legislation into fifty topically-organized Titles, and each Title is further subdivided into any number of logical subtopics. In Dear Colleague LettersGEN-15-18andGEN-16-12, we reminded institutions about the longstanding requirements of GLBA and notified them of our intention to begin enforcing the legal requirements of GLBA through annual compliance audits. Federal government websites often end in .gov or .mil. Title V boldly introduces the topic of Privacy and the Disclosure of Nonpublic Personal Information. to protect against unauthorized access to or use of such records or information which could result in substantial harm or inconvenience to any customer. If you can, please take a few minutes to help us improve GovTrack for users like you. Section 6801 et seq. The Department will issue guidance on NIST 800-171 compliance in a future Electronic Announcement, but again encourages institutions to begin incorporating the information security controls required under NIST 800-171 into the written information security program required under GLBA as soon as possible. The site is secure. Gramm Leach Bliley Act - Louisiana State University Shreveport WebThe Gramm-Leach-Bliley Act requires financial institutions companies that offer consumers financial products or services like loans, financial or investment advice, or insurance to Slaughter, FTC Safeguards Rule: What Your Business Needs to Know, FTC's Privacy Rule and Auto Dealers: FAQs, How To Comply with the Privacy of Consumer Financial Information Rule of the Gramm-Leach-Bliley Act, Compliance deadline for certain revised FTC Safeguards Rule provisions extended to June 2023, New publication offers guidance on revised FTC Safeguards Rule, Updating you on FTC privacy and data security initiatives, Corporate boards: Dont underestimate your role in data security oversight, Application of Title V, Subtitle A, of the G-L-B Act, and of the Commission's Privacy Rule, to Attorneys At Law, Ascension Data & Analytics, LLC, In the Matter of, LightYear Dealer Technologies, LLC, In the Matter of, FTC v. Global Mortgage Funding, Inc., et al., SACV 02-1026 DOC, __________________, a minor, also known as _______________, by his parent ____________, Fajilan and Associates, Inc., also d/b/a Statewide Credit Services, In the Matter of, James B. Nutter & Company, a corporation, in the Matter of, Premier Capital Lending, Inc., et al., In the Matter of, American United Mortgage Company., United States of America (for the FTC), Nations Title Agency, Inc., Nations Holding Company, and Christopher M. S.900 - Gramm-Leach-Bliley Act 106th Congress (1999 on the GLB Act requirements for financial privacy notices. 1843(c)(8)) is amended to read as follows: (8) shares of any company the activities of which had been determined by the Board by regulation or order under this M?cW 7 0 obj <>stream Interagency Guidelines Establishing Information Security fC\huwa W.`SU`GH Guide to the GrammLeachBliley Act - International Association of The Federal Deposit Insurance Act (12 U.S.C. The Gramm-Leach-Bliley Act (GLB Act or GLBA) is also known as the Financial Modernization Act of 1999. 2 0 obj the purposes of this Act and the Gramm-Leach-Bliley Act, the following activities as, and the extent to which such activities are, financial in nature or incidental to a financial activity: (A) Lending, exchanging, transferring, investing for. 6803(e). Financial institutions need to provide customers with written information explaining what information is collected about them, how that information is used, where and with whom it's shared, and how it's protected. L. 106-102, Nov. 12, 1999, 113 Stat. We hope to enable educators to build lesson plans centered around any bill or vote in Congress, even those as recent as yesterday. Launched in 2004, GovTrack helps everyone learn about and track the activities of the United States Congress. But if you're looking for a risk assessment specifically tailored to Federal cybersecurity mandates like the GLBA, the Federal Financial Institution Examination Council (FFIEC) has you covered.
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