Federal Trade Commission April 4, 2019 – Federal Register Recent Federal Regulation Documents
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Controlling the Assault of Non-Solicited Pornography and Marketing Rule
The Federal Trade Commission (``FTC'' or ``Commission'') has completed its regulatory review of its rule implementing the Controlling the Assault of Non-Solicited Pornography and Marketing Act (``CAN-SPAM Rule'' or ``Rule'') as part of the agency's periodic review of all its regulations and guides, and has determined to retain the Rule in its present form.
Privacy of Consumer Financial Information Rule Under the Gramm-Leach-Bliley Act
The Federal Trade Commission is proposing to amend its Privacy Rule for certain financial institutions subject to the Rule to revise the Rule's scope, to modify the Rule's definitions of ``financial institution'' and ``federal functional regulator,'' and to update the Rule's annual customer privacy notice requirement. The proposed amendments will also remove certain examples in the Rule that apply to financial institutions that now fall outside the scope of the Commission's Rule. This action is necessary to conform the Rule to the current requirements of the Gramm-Leach-Bliley Act (GLBA), as amended by the Dodd-Frank and FAST Acts, and will clarify which financial institutions are covered by the Commission's Rule and their annual customer privacy notice obligations under the Rule.
Standards for Safeguarding Customer Information
The Federal Trade Commission (``FTC'' or ``Commission'') requests public comment on its proposal to amend the Standards for Safeguarding Customer Information (``Safeguards Rule'' or ``Rule''). The proposal contains five main modifications to the existing Rule. First, it adds provisions designed to provide covered financial institutions with more guidance on how to develop and implement specific aspects of an overall information security program. Second, it adds provisions designed to improve the accountability of financial institutions' information security programs. Third, it exempts small businesses from certain requirements. Fourth, it expands the definition of ``financial institution'' to include entities engaged in activities that the Federal Reserve Board determines to be incidental to financial activities. Finally, the Commission proposes to include the definition of ``financial institution'' and related examples in the Rule itself rather than cross-reference them from a related FTC rule, the Privacy of Consumer Financial Information Rule.
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