Page 27 - 期货和衍生品行业监管动态（2024年5月）

期货和衍生品行业监管动态

SEC Adopts Rule Amendments to Regulation S-P to Enhance Protection of
Customer Information (2024/5/16)

The Securities and Exchange Commission today announced the adoption of

amendments to Regulation S-P to modernize and enhance the rules that govern the

treatment of consumers’ nonpublic personal information by certain financial

institutions. The amendments update the rules’ requirements for broker-dealers

(including funding portals), investment companies, registered investment advisers,

and transfer agents (collectively, “covered institutions”) to address the expanded use

of technology and corresponding risks that have emerged since the Commission

originally adopted Regulation S-P in 2000.

“Over the last 24 years, the nature, scale, and impact of data breaches has

transformed substantially,” said SEC Chair Gary Gensler. “These amendments to

Regulation S-P will make critical updates to a rule first adopted in 2000 and help

protect the privacy of customers’ financial data. The basic idea for covered firms is if

you’ve got a breach, then you’ve got to notify. That’s good for investors.”

The amendments require covered institutions to develop, implement, and

maintain written policies and procedures for an incident response program that is
reasonably designed to detect, respond to, and recover from unauthorized access to or

use of customer information. The amendments also require that the response program

include procedures for, with certain limited exceptions, covered institutions to provide

notice to individuals whose sensitive customer information was or is reasonably likely

to have been accessed or used without authorization.

The amendments require a covered institution to provide notice as soon as

practicable, but not later than 30 days, after becoming aware that an incident

involving unauthorized access to or use of customer information has occurred or is

reasonably likely to have occurred. The notice must include details about the incident,

the breached data, and how affected individuals can respond to the breach to protect

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