FTC Tightens Data Security Protocols For Nonbank Financial Firms – NMP Skip to main content

FTC Tightens Data Security Protocols For Nonbank Financial Firms

News Director
Oct 30, 2023

New amendment to the Safeguards Rule mandates prompt reporting of major data breaches, reinforcing protection for consumer information.

To bolster data security measures, the Federal Trade Commission (FTC) has mandated nonbank financial institutions — including mortgage brokers — to report specific data breaches and security incidents.

The amendment to the Safeguards Rule requires firms to alert the FTC promptly following a security breach, ensuring that such a report is filed within 30 days of its discovery. However, this requirement kicks in only if the breach has impacted at least 500 consumers and involves the unauthorized acquisition of unencrypted information.

“Companies that are trusted with sensitive financial information need to be transparent if that information has been compromised,” said Samuel Levine, director of the FTC’s Bureau of Consumer Protection. “The addition of this disclosure requirement to the Safeguards Rule should provide companies with additional incentive to safeguard consumers’ data.”   

The journey to this decision began in October 2021 when the FTC initiated discussions on potential modifications to the Safeguards Rule. Their initial proposal, based on feedback from 14 varied comments, had suggested notifying electronically for security events that possibly jeopardized customer information of at least 1,000 consumers.

While many supported the move, believing it would aid the FTC in upholding data security norms, some opposition emerged. Detractors cited concerns of redundancy with state breach notification laws and proposed that the FTC could gather needed information from already-existing reports to consumers and state regulators.

The FTC pointed out the inefficiencies of such an indirect approach, which would divert crucial resources from primary enforcement activities. 

“Receipt of these notices will enable the commission to monitor for emerging data security threats affecting financial institutions and to facilitate prompt investigative response to major security breaches,” the FTC noted in its concluding rule.

The final decision to implement the change to the Safeguards Rule was unanimous, with a 3-0 vote in favor. The new regulations will be enforceable 180 days after their official listing in the Federal Register.

About the author
Christine Stuart is the news director at NMP.
Published
Oct 30, 2023
New Study Finds UWM's 'All-In' Triggered Industrywide Pricing Spillovers

Research shows wholesale competitors responded to the 2021 Rocket ban by lowering mortgage rates,

Jul 15, 2026
First Major Housing Reform In Decades Becomes Law Without Trump's Signature

Bipartisan ROAD to Housing Act advances supply, construction, and mortgage reforms despite White House protest

Jul 10, 2026
Mortgage Star Conference Honors Women Shaping The Future Of Mortgage Leadership

MWLC honors leaders driving innovation, mentorship, and growth across the mortgage industry

Jul 09, 2026
June Jobs Report Improves Mortgage Rate Outlook

Slower hiring strengthens bonds and eases concerns over additional Fed tightening

Jul 02, 2026
NEXA Founder Mike Kortas Launches evoLend To Help Originators Retain Borrowers

New Fannie Mae-, Freddie Mac- and Ginnie Mae-approved mortgage servicer aims to keep originators connected to borrowers through servicing data, payoff visibility and retention tools

Jul 02, 2026
President Trump Cancels 21st Century ROAD To Housing Act

Trump cancels signing the bipartisan housing bill, leaving affordability package in limbo

Jun 24, 2026