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Copyright 2000 The Washington Post  
The Washington Post

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May 9, 2000, Tuesday, Final Edition

SECTION: FINANCIAL; Pg. E03

LENGTH: 629 words

HEADLINE: Privacy-Law Deadline to Be Put Off; Delay on Finance Industry's Compliance Hit

BYLINE: Kathleen Day , Washington Post Staff Writer

BODY:




Bank and securities regulators, with the Clinton administration's blessing, are planning to extend by eight months a deadline for the financial industry to comply with privacy laws Congress enacted last fall, prompting criticism from privacy advocates and some lawmakers who say companies have had plenty of time to prepare for the rules.

The law mandates that federal agencies this week publish new regulations requiring financial companies to craft privacy policies and issue clear statements of that policy to consumers. In addition, the regulations will require the companies to allow consumers to decline having their personal financial information shared with unaffiliated third parties. Companies were supposed to have six months--or until Nov. 12--to comply with the final regulations. Saying they need more time, industry officials have persuaded regulators to give them until July 1, 2001.

"What this really shows is that policymakers have consistently underestimated the complexity of the privacy issue," said Ed Yingling, chief lobbyist for the American Bankers Association. "The timetable that was set last fall was never realistic."

The decision is potentially embarrassing to the White House, which just last week introduced new legislation for even tougher financial privacy laws. Both critics and proponents of tougher privacy laws say it's contradictory for the administration to delay implementation of the current law as it advocates a tougher one.

Treasury Department officials, who have taken the lead on the privacy issue for the White House and have worked closely with the regulators to craft the rules, say there's no inconsistency. Treasurey Secretary Lawrence H. Summers, speaking to a group of banking executives yesterday, said the delay underscores the complexity of privacy rules and the need to quickly enact tougher laws rather than waiting to see how well implementation of current law works.

But Republican congressional aides, who oppose the White House legislation and spoke on the condition that their names not be used, said the delay undermines the White House's argument that tougher laws are needed.

And some advocates of stronger privacy rules say they will push the regulators not to delay. Rep. Edward J. Markey (D-Mass.), who favors tougher privacy measures, wrote in a letter to financial regulators, "We would note that the financial services industry has had ample notice and time to prepare for these new regulations." Markey was circulating the letter late yesterday among other lawmakers for their signature and expects to deliver it today.

Regulators are expected to announce the compliance delay this week as they publish the final rules by Friday's deadline. The regulators include the Office of the Comptroller of the Currency, the Office of Thrift Supervision, the Federal Reserve Board, the Federal Deposit Insurance Corp., the National Credit Union Administration, the Federal Trade Commission, and the Securities and Exchange Commission.

Regulators have created a working privacy group to ensure that the agencies' final regulations are consistent. Treasury Department officials say current law gives regulators the leeway to extend the compliance period if needed.

Last week, the White House proposed legislation to give consumers sweeping new powers to block companies from sharing consumer financial information among affiliated or unaffiliated companies. The financial industry decried the proposal, saying current law should be implemented and assessed before any new privacy laws are passed. The proposal stands little chance of passing in an election year but was read as an indication that Vice President Gore would favor tougher standards if he wins the presidency.

LOAD-DATE: May 09, 2000




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