CFPB Unveils Open Banking and Consumer Data Rights Proposal

Open Banking | Oct 20, 2023

Image: Unsplash/Claudio Schwarz

The Consumer Financial Protection Bureau (CFPB) has taken a monumental step towards Open Banking that will reshape the banking landscape. Their latest proposal is set to empower consumers, enhance competition, and streamline data sharing practices in the financial sector.

Overview of Proposal

The Consumer Financial Protection Bureau (CFPB) has put forth a transformative proposal that promises to redefine the banking sector. This initiative is set to champion open banking, ensuring consumers have unparalleled control over their financial data and are shielded from potential data misuse.

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• The CFPB’s proposal, termed the Personal Financial Data Rights rule, is a testament to their commitment to consumer empowerment. This rule would prohibit financial institutions from retaining exclusive control over a person’s data, ensuring that companies share this data as directed by the consumer.
• The proposal aims to eliminate barriers that prevent consumers from switching banks, especially those that offer subpar services. By ensuring consistent access to financial data, consumers can easily transition to institutions that offer superior products and services.  This will boost competition.
• The current landscape is riddled with inconsistencies in terms of data access across financial institutions. The CFPB’s proposal seeks to standardize this, ensuring that consumers can seamlessly share their data with third-party entities, fostering competition and innovation.
• The proposed rule introduces stringent measures to prevent unauthorized surveillance and data misuse. Companies will be obligated to use the data solely for the consumer’s intended purpose, ensuring that consumer interests are always prioritized.  Data protection.

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• The proposal emphasizes the consumer’s right to control their data. They can grant or revoke access at any time, and in the event of revocation, companies must immediately cease data access and default to data deletion.
• The CFPB is advocating for the elimination of “screen scraping,” a practice that often compromises user credentials. The proposal promotes safer and more reliable data collection methods.
• Instead of dictating technical standards, the rule sets out requirements to ensure that industry standards are equitable, open, and inclusive.

Phased Rollout

The proposed rule is expected to be implemented in phases, with larger providers being subject to the requirements sooner than smaller entities. Community banks and credit unions without a digital interface will be exempt from the rule’s requirements. This phased approach ensures that institutions of all sizes have adequate time to adapt to the new standards.

See:

NatWest Group’s Vision for the Future of Open Banking and 3 Potential Ways Forward

Canada’s Open Banking Journey: Taking inspiration from Australia’s Consumer Data Right with Kate O’Rourke, Treasury’s First Assistant Secretary for the CDR

Rohit Chopra, CFPB Director:

With the right consumer protections in place, a shift toward open and decentralized banking can supercharge competition, improve financial products and services, and discourage junk fees. Today, we are proposing a rule to give consumers the power to walk away from bad service and choose the financial institutions that offer the best products and prices.

Conclusion

The CFPB’s proposal is a monumental step towards a more open and consumer-centric banking system. With robust consumer protections in place, this shift promises to enhance competition, improve financial products, and eliminate hidden fees.

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• Source: https://ncfacanada.org/cfpb-unveils-open-banking-and-consumer-data-rights-proposal/