Banks ordered to tell customers about breaches

By Robert Lemos
http://news.com.com/Banks+ordered+to+tell+customers+about+breaches/2100-7348
_3-5635399.html

Story last modified Thu Mar 24 17:46:00 PST 2005



Four federal finance agencies have issued rules that force banks to tell
customers when their personal data has been exposed.

The regulations, published on Wednesday, arise from the agencies'
interpretation of several provisions of the Gramm-Leach-Bliley Act. Those
GBLA provisions call on financial institutions to prevent unauthorized
access and use of customer information and to address any such incidents
that do occur.

"We do expect our institutions to follow this guidance," said David Barr,
spokesman for the Federal Deposit Insurance Corporation, or FDIC, one of the
agencies involved. "Whenever we examine institutions, we will look
at...whether they have these consumer safety measures in place."

The finance industry and the data-collection industry are reeling from the
fallout from several recent high-profile data leaks. In late February,
financial services giant Bank of America alerted government workers that
backup tapes containing their sensitive data had gone missing. In addition,
data brokers LexisNexis and ChoicePoint have revealed large-scale data
leaks.

The latest government rules say that if a bank becomes aware of "an incident
of unauthorized access to sensitive customer information," the institution
should investigate. They also require the company to notify account holders
quickly if it's "reasonably possible" that the personal details will be
misused.

The regulations apply to banks and savings and loan institutions, and not to
credit unions, which fall under a different agency, the National Credit
Union Administration. The regulations only cover nonpublic consumer
information, not details on businesses or commercial accounts.

The rules were established after a period of public comment and partly
resemble California's Security Breach Information Act, which requires all
companies to notify consumers when sensitive personal information may have
been compromised.

Other finance industry agencies issuing the regulations are the Office of
the Comptroller of Currency and the Office of Thrift Supervision, both part
of the Treasury Department. The Board of Governors of the Federal Reserve
System also authored the new guidelines.


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