Legislators Reject Plan to Fortify
Consumer-Privacy Protections
By MICHAEL SCHROEDER
Staff Reporter of THE WALL STREET JOURNAL
WASHINGTON -- Putting the finishing touches on legislation to overhaul
financial-services regulation, lawmakers rejected a plan to significantly
beef
up consumer privacy protections.
House and Senate conferees agreed to take up the privacy issue again
Monday in an effort to wrap up the compromise bill, which likely will be
sent to the full House and Senate for final approval later this month.
While
the lawmakers have resolved several key issues, the White House is still
threatening to veto the measure if it fails to satisfy concerns about
consumer protections and maintain bank-lending requirements to low- and
middle-income neighborhoods.
As the legislation has made its way through Congress, a bipartisan coalition
led by Republican Sen. Richard Shelby of Alabama has pushed for
stronger safeguards for consumers' financial information. Mr. Shelby's
proposal, which was voted down on Friday, would have required financial
firms to obtain customers' permission before sharing information with both
affiliated and outside firms.
"That's what the American people want," Mr. Shelby said, pointing to polls
showing that more than 90% of U.S. consumers want the right to block
selling or sharing of their personal information. "The privacy issue is
not
going away," he said.
As it currently stands, the overhaul legislation would allow financial
institutions to share private consumer information with affiliates, which
could include securities, insurance and banking operations. Institutions
would be required to disclose privacy protection policies to customers.
Customers could then tell financial institutions they don't want their
personal information given to companies outside the institution. Smaller
institutions would have more leeway in sharing information.
But the privacy issue could derail the long drawn-out reform effort. After
trying for more than two decades, the House and Senate earlier this year
passed bills that would eliminate many of the Depression-era barriers
separating banks, brokerage firms and insurers. The conference committee
has been negotiating to iron out differences in the two bills. Banks, insurers
and securities firms have made it clear they would try to kill any bill
that
prevents affiliates from sharing customer information.
Industry lobbyists have said that such cross-selling is a primary purpose
of
merging firms into one-stop financial operations. They have an important
ally in Senate Banking Chairman Phil Gramm of Texas, who defends the
current privacy language. "We'd kill the information age before it begins,"
he said.
On the other side, a diverse group of critics including consumer activist
Ralph Nader, conservative Phyllis Schlafly, AARP, and a number of
conservative Republicans and liberal Democrats in the House and Senate,
have joined together to denounce the legislation's privacy provisions as
inadequate.
Treasury Secretary Lawrence Summers has warned that the legislation will
be vetoed unless more safeguards are adopted.
Another obstacle for Democrats and consumer groups is a
GOP-sponsored provision that weakens the 1977 Community
Reinvestment Act. The CRA requires banks to make loans in low-income
and minority neighborhoods. Mr. Gramm agreed to meet with Rev. Jesse
Jackson to discuss the CRA issue and to jointly tour communities that
benefited from lending requirements.