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FINANCIAL PRIVACY

Description of issue. As a result of the federal Financial Services Modernization Act, banks, insurance companies, and brokerage firms are now able to affiliate with one another under one corporate roof. This law, known as Gramm-Leach-Bliley (GLB) after its sponsors, was implemented in 2001.

Credit card companies, banks, insurance companies, and brokerage firms may share their respective databases with one another - called affiliate sharing -- but they cannot sell customer data to third parties without providing an opt-out notice to their customers.

Looking ahead. Unless legislation is passed at both the federal and state levels to strengthen the Financial Services Modernization Act, the process of affiliate sharing will enable these merged corporations to assemble customer data files of unprecedented scope. Some financial institutions have more than 2,000 affiliates spanning a broad array of businesses.

While "junk" mail, e-mail, and telemarketing solicitations are a likely result of widespread affiliate sharing of customer data, privacy advocates are even more concerned about the potential for harmful uses of data merging and data profiling:

  • Decisions on one's credit worthiness might hinge on medical information gleaned from insurance company data. A scam artist might use one's profile as a risk-taking investor to pitch get-rich-quick schemes.
  • Elderly individuals with cash-rich portfolios could be vulnerable to fraud artists' promises of lucrative returns on risky investments.

The GLB Act contains a provision that enables state legislatures to pass stronger privacy provisions. Indeed, several states have debated privacy bills that allow for an opt-in for third party data sharing, thereby setting the default at no sharing unless the customer says "yes." Iin contrast, the GLB standard is opt-out. For three years, the California legislature has debated bills that would not only require opt-in for third party sharing, but an opt-out for affiliate sharing. Strong lobbying by the financial services industry has succeeded in killing these bills.

Given the high percent of the population favoring strong privacy protection -- 80% to 90% in most polls -- state legislatures and Congress are expected to grapple with this issue for years to come. The financial services industry will exert considerable pressure on Congress to pass an amendment to GLB that prohibits states from enacting stronger privacy measures.

 

Read the entire aricle here: http://www.privacyrights.org/ar/Privacy-IssuesList.htm

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