FDATA North America

March 6, 2023, Washington, DC – FDATA North America and its 30+ member companies today released a set of principles to govern the usage, disclosures, liability, oversight, and technology involved in open finance ecosystems. Upon release of these new principles, FDATA North America Executive Director Steve Boms said:

“As policymakers in both Canada and the United States contemplate open finance and federal data privacy frameworks, FDATA North America’s members are pleased to have collaborated on a set of privacy principles that we hope will inform their work. Today’s release is a detailed and comprehensive set of principles which we intend to serve as critical guideposts for legislators and regulators in the U.S. and Canada as they undertake the important work of creating modernized, customer-centric financial services regulatory environments.” 

The first section of this document includes definitions of data types, and requirements for minimization, secondary usage, and silent parties. The second section covers consumers disclosures, what elements they should include, their length, and options for consumer revocation. The third section discusses assessments of data breach liability, notification requirements, and consumer redress. The fourth section covers regulatory oversight, and suggests which regulators in the U.S. and Canada should be granted supervisory authority over data privacy to ensure that consumers, data providers, and third-parties are protected and acting responsibly. The final section covers the technology involved in user authentication and authorization, and how they can be changed and revoked by consumers.

A high-level summary of these principles is available here. The full set of these principles is available here and can be shared with attribution.

FDATA North America Submits Comment Letter in Response to CFPB Section 1033 SBREFA Outline of Proposals for Consideration

Contact: Justin Santopietro; [email protected]

January 25, 2023, Washington, DC – The Financial Data and Technology Association (FDATA) of North America submitted a comment letter to the Consumer Financial Protection Bureau (CFPB) in response to its Outline of Proposals for Consideration for the Small Business Regulatory Enforcement Fairness Act (SBREFA) implementing Section 1033 of the Dodd-Frank Act. Upon filing the comment letter, Executive Director Steve Boms said:

“As an organization representing more than 30 financial technology and data aggregation companies, FDATA North America has long advocated for the CFPB to issue a rule implementing Section 1033 of the Dodd-Frank Act using the best information available from the broadest number of market stakeholders possible. We commend the CFPB for outlining a strong series of proposals that, when implemented, will create a more competitive, more accessible, and more inclusive financial services marketplace. As it prepares to issue a proposed rule implementing Section 1033, we encourage the CFPB to broaden the scope of covered accounts and covered recipients under the rule to maximize its impact, among other important improvements we suggest the Bureau to consider. We look forward to continuing our positive engagement with the CFPB as this rulemaking process continues.”

While FDATA’s comment letter expressed support for all the proposals in the SBREFA outline, it also urged the CFPB to expand the scope of this rulemaking by:

• Covering a broader swath of both covered parties, including small businesses and investors, and account types, including providers of government benefit accounts used to distribute needs-based benefits programs, utility, nonfinancial, and payroll accounts, and accounts held by financial institutions not covered by Regulation E or Regulation Z;
• Guarding against potential commercial incentives by data providers to restrict data access for particular use cases by ensuring that customer authorization may not be overridden except in very limited circumstances;
• Requiring as many financial institutions as practicable to build and implement credential-less data access methods, while allowing sufficient time for smaller financial institutions to do so;
• Permitting credential-based or PII and account number-enabled data access to persist as fallback options in instances in which data is not accessible through other means;
• Clearly distinguishing between customer data and de-identified data with regard to secondary use cases;
• Calibrating the timeline for implementation for credential-less data access based on financial institution size, and
• Establishing a new regime for direct CFPB supervision of data aggregation platforms.

Over the past several years, FDATA has repeatedly urged the CFPB to advance a Section 1033 rulemaking, including in its response to the CFPB’s October 2020 Section 1033 Advanced Notice of Proposed Rulemaking (ANPR) and last years’ CFPB Request for Information (RFI) on so-called “Junk Fees.” FDATA North America has also advocated for a Section 1033 rulemaking through comment letters to other federal agencies, including its response to the Office of the Comptroller of the Currency’s, Federal Deposit Insurance Corporation’s and Federal Reserve’s Proposed Interagency Guidance on Third-Party Risk Management, and to the National Institute of Standards and Technology in response to its draft report on Cybersecurity Considerations for Open banking Technology and Emerging Standards.

October 27, 2022 Washington, DC- Following today’s Consumer Financial Protection Bureau publication of proposals for the upcoming Small Business Regulatory Enforcement Fairness Act (SBREFA) panel for the Dodd-Frank Section 1033 rulemaking, FDATA North America Executive Director Steve Boms released the following statement:

“FDATA applauds the CFPB for this timely release of its SBREFA outline. This outline marks the first concrete step towards the implementation of an open finance system in the United States and affirms that consumers should have complete control over their financial data. If implemented, the framework envisioned within the outline will strongly align with the goals that FDATA North America has long supported: a national, technology-neutral financial data portability standard that will allow consumers to select in a more competitive ecosystem from the financial services providers that can best improve their financial wellbeing. We applaud the CFPB staff and Director Chopra for their diligent work and look forward to working with the CFPB to promote an expansive, customer-centric proposed rule to implement Section 1033 of the Dodd-Frank Act.”