Ascension Data & Analytics, LLC, a mortgage analytics company, settled FTC allegations that it violated the Gramm-Leach-Bliley Act's Safeguards Rule by failing to ensure its vendor adequately protected consumer data. The vendor stored sensitive mortgage information in plain text on a cloud server, leading to unauthorized access. Ascension must implement a data security program, undergo biennial assessments, and report future breaches.
Ascension must implement a comprehensive data security program, undergo biennial independent assessments of its data security program, have a senior executive certify annual compliance, and report any future data breaches to the FTC within 10 days.
In-house legal teams should review all vendor, data processing, and service agreements where the vendor handles sensitive consumer financial data (e.g., mortgage information). Focus on clauses requiring data security measures, vendor oversight rights, audit provisions, breach notification obligations, and indemnification for data incidents. Specific changes may include: (1) mandating compliance with the GLBA Safeguards Rule; (2) requiring vendors to implement and document an information security program; (3) granting the company explicit rights to audit vendor security practices; (4) obligating vendors to report security incidents promptly; and (5) including contractual remedies for failures to protect data, such as termination rights or liability for breach-related costs.
Entity
Ascension Data & Analytics, LLC
Also known as: Ascension Data & Analytics
Industry
Financial ServicesOfficial Press Release
https://www.ftc.gov/news-events/news/press-releases/2020/12/mortgage-analytics-company-settles-ftc-allegations-it-failed-ensure-vendor-was-adequately-protecting
1923126ascensioncomplaint
https://www.ftc.gov/system/files/documents/cases/1923126ascensioncomplaint.pdf
1923126ascensionacco
https://www.ftc.gov/system/files/documents/cases/1923126ascensionacco.pdf
Federal Trade Commission Enforcement Page
https://www.ftc.gov/enforcement
"Texas-based Ascension Data & Analytics, LLC"
"Gramm-Leach-Bliley Act’s Safeguards Rule"
"stored the contents of the documents on a cloud-based server in plain text, without any protections to block unauthorized access"
The FTC settled with Ascension Data & Analytics, LLC for violating the Gramm-Leach-Bliley Act's Safeguards Rule by failing to ensure its vendor properly protected consumer data. The company must strengthen its security safeguards and increase oversight of vendors. No monetary penalty was imposed.
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