DFSвЂ™s cybersecurity legislation calls for banking institutions, insurance firms, along with other monetary solutions organizations managed by DFS to own a cybersecurity system built to protect customersвЂ™ personal information; a written policy or policies being authorized by the board or an officer that is senior a Chief Suggestions protection Officer to simply help protect information and systems; and settings and plans set up to greatly help make sure the security and soundness of brand new YorkвЂ™s monetary solutions industry.
A duplicate regarding the guidance can for depository and nondepository organizations can be located right here.
A duplicate for the guidance for insurance coverage organizations can here be found.
pr release – September 18, 2017: Governor Cuomo Announces New Actions to guard New Yorkers’ information that is personal in Wake of Equifax Security Breach
18, 2017 september
Contact: Richard Loconte, 212-709-1691
Proposed Regulation Needs Credit Score Agencies to Adhere To New York’s First-in-the-Nation Cybersecurity Regulation
Regulation Would supply the DFS Oversight of Credit Reporting Agencies for the First Time Ever
DFS Superintendent May Deny or Revoke Agencies’ Authorization to Do company with ny’s Regulated Financial Institutions and people
View Proposed Regulation Right Here
As a result to your recent cyberattack that exposed the personal private information of almost 150 million customers nationwide, Governor Andrew M. Cuomo today directed the Department of Financial solutions to issue brand brand new legislation making credit rating agencies to join up with ny the very first time and adhere to this state’s first-in-the-nation cybersecurity standard.
The yearly reporting obligation also supplies the DFS Superintendent because of the authority to reject and possibly revoke a credit reporting agency’s authorization doing company with ny’s regulated finance institutions and customers in the event that agency is available to be away from conformity with specific prohibited practices, including participating in unjust, deceptive or predatory methods.
« an individual’s credit rating impacts nearly all element of their life and we will maybe maybe maybe not stay idle by while New Yorkers remain unprotected from cyberattacks because of security that is lax » Governor Cuomo stated. « Oversight of credit rating agencies can help make sure private information is less susceptible to cyberattacks along with other nefarious functions in this quickly changing world that is digital. The Equifax breach had been a wakeup call along with the bar is being raised by this action New York for consumer protections that individuals wish will likely to be replicated over the country. »
Underneath the proposed legislation, all customer credit rating agencies that run in nyc must register yearly with DFS beginning on or before February 1, 2018 and also by February 1 of every successive 12 months for the twelve months thereafter. The enrollment type must consist of a company’s officers or directors that will lead to conformity because of the services that are financial banking, and insurance coverage rules, and laws.
« the information breach at Equifax demonstrates the requirement of strong state legislation like ny’s first-in-the-nation cybersecurity actions, » said Financial Services Superintendent Maria T. Vullo. « this might be one necessary action of a few that DFS will require to safeguard nyc’s areas, customers and painful and sensitive information from crooks. »
The DFS Superintendent may will not restore a credit rating reporting agency’s registration in the event that Superintendent discovers that the applicant or any member, major, officer or manager associated with applicant, is certainly not trustworthy and competent to behave as or in experience of a credit reporting agency, or that the agency has provided cause of revocation or suspension of these registration, or has neglected to conform to any standard that is minimum.
The proposed legislation additionally subjects customer agencies that are reporting exams by DFS as much since the Superintendent determines is essential, and forbids agencies through the after:
- Straight or indirectly employing any scheme, artifice or device to defraud or mislead a customer.
- Doing any unjust, misleading or predatory work or training toward any customer or misrepresent or omit any product information associated with the installation, evaluation, or upkeep of a credit file for a customer positioned in brand brand New York State.
- Participating in any unjust, misleading, or abusive work or training in violation of part 1036 associated with Dodd-Frank Wall Street Reform and customer Protection Act.
- Including information that is inaccurate any customer report associated with a customer based in brand brand New York State.
- Refusing to keep in touch with an official agent of a customer based in brand brand brand New York State whom provides a written authorization signed by the customer, so long as the customer credit reporting agency may follow procedures fairly pertaining to verifying that the agent is actually authorized to behave with respect to the customer.
- Making any false declaration or make any omission of the product fact relating to any information or reports filed having a government agency or in reference to any research conducted because of the superintendent or any other agency that is governmental.
In addition, every credit scoring agency must conform to the Department’s cybersecurity legislation, on phased in routine of conformity, beginning April 4, 2018. DFS’s cybersecurity legislation calls for banking institutions, insurance providers, along with other monetary solutions organizations controlled by DFS to possess a cybersecurity program made to protect customers » private information; a written policy or policies being authorized because of the board or perhaps an officer that is senior a Chief Ideas protection Officer to simply help protect information and systems; and online installment loans settings and plans in position to greatly help guarantee the security and soundness of brand new York’s monetary solutions industry.