Board-level executives found responsible for information security lapses in
retail banks are to be personally fined as part of a new drive to “pierce the
corporate veil”.
The Financial Services
Authority (FSA) is concerned that corporate fines are not incentive enough
for banks to take adequate measures to protect customers’ information and wants
to drive best practice by ensuring executives personally oversee security
programmes.
The move is a key part of ensuring security compliance, according to Bill
Sillett, manager of the retail department at the FSA.
“Protecting personal data is essential to reduce the level of financial
crime,” he said. “This is a big shift in how we operate. There will be more
fines for senior individuals in the future.”
The FSA regulates banks’ compliance with the Data Protection Act and the
Financial Services and Markets Act, both of which contain legal obligations for
banks to safeguard customers’ financial information.
The regulator is concerned that banks place too much emphasis on IT security
as part of a cost-benefit risk analysis.
“With some large firms even if we fine them £20m it won’t have much of an
impact we hope targeting senior management will help solve that problem,” said
Sillett.
The FSA has not yet levied any major fines on individuals, but will commit
more resources to doing so in such cases in the future.
Sillett said the level of senior management to be targeted will depend on the
case, but the FSA wants to avoid executives palming off overall security
responsibilities onto the IT department.
Chief executives, compliance officers and board-level IT directors could all
be held responsible.
The obligation of senior management for data protection issues is not a
completely novel idea, according to Stewart Room, barrister with law firm
Field Fisher Waterhouse.
“Directors and senior management are liable if a firm doesn’t comply with an
enforcement notice from the Information Commissioner’s Office,” he said.
“Regulators need to make sure they inflict real pain to ensure compliance.”
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