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Privacy Laws for Financial Companies

The Gramm-Leach-Bliley (GLB) Act protects consumers' personal financial information held by financial institutions, including band non-bank companies engaged in consumer loans, mortgages, tax preparation and returns, debt collection, credit counseling, and related businesses that deal with personal financing. There are three principal parts to the GLB's privacy requirements: the Financial Privacy Rule, Safeguards Rule and pretexting provisions enforced by the Federal Trade Commission.

The Financial Privacy Rule requires financial institutions to give their customers privacy notices that explain the financial institution's information collection and sharing practices. In turn, customers have the right to limit some sharing of their information. Also, financial institutions and other companies that receive personal financial information from a financial institution may be limited in their ability to use that information.

The Safeguards Rule, enforced by the Federal Trade Commission, requires financial institutions to have a security plan to protect the confidentiality and integrity of personal consumer information.

Pretexting is the use of false pretenses, including fraudulent statements and impersonation, to obtain consumers' personal financial information, such as bank balances. This law also prohibits the knowing solicitation of others to engage in pretexting.

The following resources provide information and assistance for businesses engaged in banking and consumer finance activities:

The Federal Financial Institutions Examination Council (FFIEC)'s Authentication in an Internet Banking Environment describes enhanced authentication methods that regulators expect banks to use when authenticating the identity of customers using online products and services. Examiners will review this area to determine a financial institution's progress in complying with this guidance during upcoming examinations.

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