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FTC orders non-bank financial firms to report breaches in 30 days. The U.S. Federal Trade Commission (FTC) has amended the Safeguards Rules, mandating that all non-banking financial institutions report data breach incidents within 30 days. Such entities include mortgage brokers, motor vehicle dealers, payday lenders, investment firms, insurance companies, peer-to-peer lenders, and asset management firms. This requirement adds to the Safeguards Rule, aiming to enhance data security measures to protect customer information and strengthen compliance obligations. It applies to security incidents that impact 500 or more consumers, especially if unauthorized third parties accessed unencrypted (cleartext) information. "Companies that are trusted with sensitive financial information need to be transparent if that information has been compromised," stated FTC's Director of Bureau for Consumer Protection, Samuel Levine. "The addition of this disclosure requirement to the Safeguards Rule should provide companies with additional incentive to safeguard consumers' data." The notification requirement does not apply to cases where consumer information is encrypted as long as the attackers did not access the encryption key. The notice breached firms need to be submitted onto FTC's online portal and must include details about the security incident, such as: The agency has added a provision for a 60-day delay should a law enforcement official seek an extension in the public disclosure of a specific incident. The FTC emphasizes that submitting a data breach report doesn't automatically imply a violation of the Safeguards Rule, nor does it ensure an investigation or enforcement action. The new notification requirement will become effective 180 days after publication of the rule in the Federal Register, so the rule should be applicable starting in April 2024. For more details on the amendments and their development process based on the feedback FTC received from stakeholders, you can read this document.

Daily Brief Summary

DATA BREACH // FTC Updates Safeguards Rule Requiring Non-Banking Financial Firms to Report Data Breaches within 30 Days

The U.S. Federal Trade Commission (FTC) has updated the Safeguards Rule to require non-bank financial institutions to disclose data breach incidents within 30 days.

These non-bank financial institutions include insurance companies, mortgage brokers, asset management firms, motor vehicle dealers, peer-to-peer lenders, investment firms, and payday lenders.

The rule mandates disclosure for security incidents that affect 500 or more consumers, particularly if unencrypted (cleartext) information was accessed by unauthorised third parties.

If a law enforcement official seeks an extension, a provision has been added for a 60-day delay in public disclosure of a specific incident.

Data breaches of encrypted information do not need to be reported if the encryption key was not accessed.

The new reporting requirement will be effective 180 days after the rule is published in the Federal Register, which is projected to be in April 2024.

This new reporting requirement does not automatically suggest a violation of the Safeguards Rule or initiate an investigation or enforcement action.