March 5, 2024
By Scott Brewster
In the digital age, protecting personally identifiable information (PII) has emerged as a paramount concern across various sectors, particularly in the wealth management industry.
Wealth advisors, banks and financial institutions hold extensive sensitive information, encompassing everything from basic personal details to intricate financial records. The sector is a prime target for cyber threats and data breaches. As a result, compliance requirements and protective measures are extensive.
The stakes are high. Ensuring compliance is not merely a legal mandate but a cornerstone of trust and integrity in the client-advisor relationship.
In this article, we explore the complex landscape of PII compliance requirements in the wealth management industry and provide an overview of the regulatory obligations that banks, financial institutions and consultants must adhere to in order to protect the sensitive information entrusted to them by their clients.
PII compliance standards vary by industry and geography. In the US, the National Institute of Standards and Technology defines PII as information that could be used to discover an individual’s identity, such as their Social Security number. Protecting consumer privacy in the EU, the General Data Protection Regulation mandates how firms process data. Australia’s Privacy Act regulates the handling of personal information.
But these are just some of the laws and regulations. In the wealth management industry, the safeguarding of PII is governed by a complex framework of compliance requirements.
Shane Reid, Director of Umlaut Solutions, has identified these critical aspects of PII data governance and compliance that wealth management entities, including banks, financial advisors and consultants, must navigate.
Wealth management firms must implement processes to systematically identify PII in their possession and categorise data based on sensitivity. The industry holds vast amounts of PII, and classifying the information helps firms apply appropriate security measures and comply with specific regulatory requirements. Data loss prevention tools can be used to automate data classification and prevent unauthorised access to sensitive information.
Compliance with privacy laws and regulations is a cornerstone of PII protection. Those in the industry must understand that privacy laws vary significantly across different regions. In the US, for example, laws vary across states. Firms must adhere to the regulations applicable in the jurisdictions they operate in, tailoring their compliance strategies accordingly.
To safeguard PII, wealth managers must implement robust data protection measures so that sensitive information is accessible only to authorised personnel and protected against internal and external threats. Measures include encryption, access controls and secure data storage and disposal solutions.
Obtaining explicit consent from clients before collecting, using or sharing their PII is a fundamental requirement. Wealth management firms must develop clear privacy policies that outline how client data is handled. These policies should be easily accessible and communicated to clients.
Clients have the right to access, rectify, delete or port their PII data. Wealth management firms must establish procedures to respond to clients’ requests to exercise these rights within the timelines set by relevant privacy laws.
In the event of a data breach, wealth managers must have effective response plans that include notification procedures, stipulating timelines and communication channels. This includes promptly notifying affected individuals and relevant authorities per the applicable regulations. A timely and transparent response can mitigate the impact of a breach and preserve client trust.
International businesses have even more considerations when transferring PII across borders. They must ensure these transfers comply with international data protection laws. An example is the General Data Protection Regulation, an EU law that sets out strict requirements for data transfer outside the EU. To ensure compliance, wealth managers should consider using data transfer mechanisms like Standard Contractual Clauses and Privacy Shields.
Wealth management firms must understand policies that specify how long PII can be kept and set clear data retention policies based on legal requirements and business needs. Once the retention period expires or the data is no longer needed, it should be securely disposed of or anonymised to prevent unauthorised access.
All employees must be aware of the importance of PII protection and be familiar with compliance requirements. Regular training programs can equip staff with the knowledge to identify potential data protection issues and respond appropriately.
Ongoing audits and assessments are critical to ensuring that PII protection measures remain effective and compliant as regulations evolve. These reviews can identify vulnerabilities, assess the effectiveness of data security practices, and help inform necessary adjustments to security protocols.
For wealth management firms, navigating the landscape of PII compliance is a continuous process that requires vigilance, adaptability and a commitment to maintaining the highest data privacy and security standards.
Wealth managers who fail to adequately protect PII stand to lose much more than client data. “Firms face hefty fines from regulatory bodies for non-compliance with data privacy laws, along with expenses for forensic investigations, remediation efforts and credit monitoring services for affected clients,” says Shane. “Breaches can erode trust and lead to client attrition, disrupt day-to-day business operations and damage company morale.”
Shane says clients harmed by breaches may file lawsuits, and firms can face severe fines and even licence suspension for non-compliance to PII protections.
Shane offers these best practices to mitigate the risk and protect PII.
PII protection in the wealth management industry is a huge concern, and firms must constantly assess their PII protection measures to ensure compliance and best practices.
Does your wealth management firm need help with PII protection? Umlaut can help. Contact our team to discuss our data security solutions today.