The U.S. Securities and Exchange Commission (SEC) has adopted amendments to Regulation S-P which require investment adviser firms registered with the SEC to adopt written policies and procedures for incident response programs to address unauthorized access to or use of customer information including procedures for providing timely notification to customers affected by an incident involving sensitive customer information.
Category Archives: Privacy Policy
SEC Risk Alert – Compliance Issues Related to Regulation S-P – Privacy Notices and Safeguard Policies
May 07, 2019
On April 16, 2019, the United States Securities and Exchange Commission’s (SEC) Office of Compliance Inspections and Examinations (OCIE) issued a risk alert about “Compliance Issues Related to Regulation S-P – Privacy Notices and Safeguard Policies” to encourage investment adviser firms to review their written policies and procedures to, “ensure compliance with the relevant regulatory requirements.”
Congress Amends GLBA so an Investment Adviser Is No Longer Required to Provide Annual Privacy Disclosure if No Changes Were Made
December 10, 2015
On Dec. 4, 2015 President Obama signed a piece of legislation, Fixing America’s Surface Transportation Act or “Fast Act”, which features an amendment to the Gramm-Leach-Bliley Act (GLBA). The amendment provides an exception to GLBA’s annual privacy policy notice requirement. Section 75001 of the Fast Act states:
Does Your Investment Adviser Have a Written Privacy Policy?
September 12, 2012
Under Rule 30 of Regulation S-P, registered investment advisers are required to implement a written security program to safeguard customer information. Specifically, investment advisers are required to have in place an information security program that is reasonably designed to:
Does Your Investment Adviser Have a Written Privacy Policy?
September 05, 2012
As we have previously discussed, Rule 30 of Regulation S-P (“Regulation S-P”) issued by the U.S. Securities and Exchange Commission (“SEC”) requires SEC registered investment advisers to adopt written policies and procedures designed to ensure the security and confidentiality of client information. For state registered investment advisers, the Federal Trade Commission (“FTC”) has enacted Safeguard Rules which are similar to Regulation S-P and apply to state registered investment advisers. Additionally some states have enacted their own information security requirements that apply to SEC and state registered investment advisers.
