The Potential Role of Financial Regulators in Showing the Path Forward for National Privacy Legislation (with David Cotney)

On this episode, we are joined by David Cotney, Senior Advisor at FS Vector and former Massachusetts Banking Commissioner, who shares some ideas about how the Federal Financial Institutions Examination Council (FFIEC) could play a role in shaping national privacy policy by publishing privacy guidance for banks similar to the FFIEC's Cybersecurity Guidance. He also reflects on how a compromise on the tricky issue of preemption in privacy legislation might be achieved by looking to experience with the Fair Credit Reporting Act. Cotney, who currently advises fintech companies and other financial services providers, has held leadership positions in the world of financial regulation, serving as Massachusetts Banking Commissioner, Chairman of the Conference of State Bank Supervisors, and as a participant in the FFIEC. This week, we also discuss his thoughts on how to assign responsibility for privacy regulation among various federal agencies that each have some claim on jurisdiction, particularly referencing the appropriate responsibilities of bank regulators.