Framework for the Future: Reviewing Data Privacy in Today's Financial System

Digital Assets and Bank RegulationHouse Financial Services Subcommittee on Financial Institutions · June 5, 2025 · 119th Congress
The House Financial Services Subcommittee on Financial Institutions held this hearing to examine whether the Gramm-Leach-Bliley Act (GLBA), enacted more than 25 years ago, still adequately protects consumer financial data amid open banking, fintech partnerships, artificial intelligence, and a growing patchwork of state privacy laws. Begins at ▶ 0:13:31
Transcript
Highlights

Title

Modernizing Financial Data Privacy Law and the Future of Open Banking

Purpose

The House Financial Services Subcommittee on Financial Institutions held this hearing to examine whether the Gramm-Leach-Bliley Act (GLBA), enacted more than 25 years ago, still adequately protects consumer financial data amid open banking, fintech partnerships, artificial intelligence, and a growing patchwork of state privacy laws. Witnesses from industry, a credit union trade group, a former FTC official, and privacy researchers testified on GLBA modernization, federal preemption, private rights of action, and the CFPB's contested Section 1033 open banking rule. Much of the debate centered on the Trump administration CFPB's move to rescind that rule and on Elon Musk/DOGE access to federal data. Begins at▶ 0:13:31

Who spoke

• Chairman Andy Barr (R-KY)▶ 0:13:31: Opened the hearing, framed GLBA as needing review given open banking and AI▶ 0:15:14, and argued for a uniform national privacy standard with GLBA preemption and no private right of action▶ 0:16:59▶ 0:17:47.

• Rep. Bill Foster (D-IL), Ranking Member▶ 0:18:13: Praised the CFPB's October Section 1033 open banking rule as a bipartisan, multi-administration achievement▶ 0:19:07; announced a letter with 12 colleagues urging Acting Director Vought not to rescind the rule▶ 0:20:00; criticized DOGE's access to Social Security, Treasury, HHS, and CFPB data▶ 0:20:53; later pressed on the administration's court argument that Section 1033 excludes third-party agents▶ 0:59:14.

• Chairman French Hill (R-AR), Full Committee▶ 0:21:19: Said GLBA has "kept pace" reasonably well but called for modernized, tailored legislation from committee Republicans▶ 0:21:41.

• Rep. Maxine Waters (D-CA), Ranking Member, Full Committee▶ 0:22:33: Accused Republicans of ignoring DOGE's access to Americans' data and criticized the administration for vacating the CFPB's open banking rule▶ 0:23:00.

• Scott Talbott, Electronic Transactions Association▶ 0:24:47: Said the industry processed over $11 trillion in payments last year▶ 0:25:17; urged a uniform national standard, permissible data use for fraud prevention▶ 0:28:04, and cited California's data-level (not entity-level) GLBA exemption as a compliance conflict▶ 0:26:40▶ 1:31:07.

• Andrew Morris, America's Credit Unions▶ 0:29:53: Called for an entity-level GLBA exemption for credit unions▶ 0:31:43, preservation of the opt-out framework▶ 0:33:02, and limits on private rights of action▶ 0:33:28; later flagged API development costs and lack of third-party liability allocation under the 1033 rule▶ 1:18:57▶ 2:00:05.

• Rebecca Kuehn, Hudson Cook LLP (former FTC assistant director)▶ 0:34:23: Explained GLBA's opt-out and notice-exception structure▶ 0:35:14▶ 0:36:33; criticized the CFPB's proposed data broker rule for conflating regulated GLBA data sharing with bad-actor misuse▶ 0:37:21▶ 0:37:45.

• Jennifer Huddleston, Cato Institute▶ 0:38:51: Said financial data is already regulated by GLBA and FCRA▶ 0:40:15; warned that a state patchwork (19+ states) and private rights of action deter innovation, citing Illinois's Biometric Information Privacy Act litigation against Meta and Six Flags▶ 0:42:12▶ 0:42:22.

• Zoë Strickland, Future of Privacy Forum▶ 0:44:12: Described benefits and challenges of an omnibus federal privacy law▶ 0:44:53▶ 0:45:14; supported open banking but flagged the 1033 rule's misses on secondary data use, deidentified data, and fraud liability▶ 0:48:03▶ 1:28:53.

• Rep. Bill Huizenga (R-MI)▶ 0:59:59: Asked how to balance consumer protection against excessive compliance burdens on small providers▶ 1:00:40 and whether GLBA's "financial institution" definition is broad enough▶ 1:02:05.

• Rep. David Scott (D-GA)▶ 1:05:17: Warned that rescinding Section 1033 would harm consumers and cited the rule's provisions barring data broker monetization without consent▶ 1:06:12▶ 1:06:37.

• Rep. Roger Williams (R-TX)▶ 1:10:17: Asked how to preserve bank-fintech data sharing partnerships for smaller institutions and rural access▶ 1:11:07▶ 1:13:21.

• Rep. Brad Sherman (D-CA)▶ 1:14:45: Argued hacking liability should fall on whichever party could have prevented the breach▶ 1:15:37; asked about banning screen scraping and allowing smaller institutions to charge fintechs API fees▶ 1:18:04.

• Rep. Barry Loudermilk (R-GA)▶ 1:20:12: Argued the federal government, not Elon Musk personally, is the biggest data security risk given its own weak protections▶ 1:20:33▶ 1:21:00.

• Rep. Juan Vargas (D-CA)▶ 1:24:45: Said the government holds too much data and protects it poorly, including airport biometric collection▶ 1:25:17; asked why the 2024 Section 1033 rule had bipartisan support▶ 1:27:33.

• Rep. John Rose (R-TN)▶ 1:29:59: Asked Talbott to detail conflicting state privacy laws, citing California's B2B carve-out gap▶ 1:30:23▶ 1:31:07; asked about credit unions' and ETA members' data-security investment levels, cited in the "billions"▶ 1:33:52▶ 1:34:12.

• Rep. Sean Casten (D-IL)▶ 1:35:18: Asked how the 1033 rule would boost competition▶ 1:35:48 and raised concerns that AI liability shields in recent House-passed legislation could let companies evade accountability for misused data▶ 1:39:30.

• Rep. William Timmons (R-SC)▶ 1:40:29: Highlighted California's opt-in standard versus states like Alabama aligning with the federal floor, asking about compliance burdens for smaller institutions▶ 1:41:03▶ 1:42:32.

• Rep. Mike Flood (R-NE)▶ 2:15:04: Walked through the many parties involved in a mortgage application to illustrate data-sharing complexity▶ 2:15:32; argued this is one of the few areas warranting a national standard over states' rights▶ 2:19:11.

• Rep. Emilia Sykes / "Miss Batty" (Ohio)▶ 1:45:43: Asked about consumer harm if third-party data sharing tools are restricted▶ 1:46:14 and about her mentor-protégé bill for small financial institutions▶ 1:47:52.

• Rep. Young Kim (R-CA)▶ 1:51:03: Asked about dual state-federal compliance burdens under California's privacy laws and outdated GLBA annual privacy notices, last revised roughly 15 years ago▶ 1:56:10.

• Rep. Cleo Fields (D-LA)▶ 1:56:37: Asked how blocked data portability harms lower-income families using free financial tools and how Section 1033 addresses equity▶ 1:57:09.

• Rep. Scott Fitzgerald (R-WI)▶ 2:01:03: Asked how a federal private right of action for data privacy would affect credit unions, warning of Illinois- and California-style litigation waves▶ 2:02:16.

• Rep. Al Green (D-TX)▶ 2:04:57: Discussed his bill HR 3716, the Systemic Risk Authority Transparency Act, requiring GAO and bank regulator reports after invocation of the systemic risk exception, following the 2023 failures of Silicon Valley Bank and Signature Bank▶ 2:06:32▶ 2:06:53.

• Rep. Warren Davidson (R-OH)▶ 2:10:08: Argued privacy should be settled before AI regulation▶ 2:10:55; cited Google's Android "do not track" geolocation tracking fine and Wells Fargo's $4 billion fine for fake accounts as examples of inadequate accountability▶ 2:14:04▶ 2:14:34.

Key moments

• Foster revealed he led 12 committee Democrats in a letter to Acting CFPB Director Russell Vought opposing full rescission of the Section 1033 rule, urging targeted amendments instead▶ 0:20:00.

• Waters and Foster tied the hearing to DOGE's access to Social Security, Treasury, HHS, and CFPB data under Elon Musk, calling it a bigger privacy threat than anything GLBA addresses▶ 0:20:53▶ 0:23:00.

• Talbott said 8 of nearly two dozen state privacy laws took effect in 2025 alone, and detailed how California treats bank-to-business (B2B) data as covered while federal law exempts it▶ 0:26:40▶ 2:17:20.

• Kuehn said enforcement history shows few actual cases brought under GLBA despite active regulatory oversight, arguing this undercuts the case for adding a private right of action▶ 0:52:13▶ 0:53:06.

• Talbott disclosed the CFPB's 1033 open banking rule left fraud/breach liability unaddressed and barred financial institutions from charging fees for API access — two "misses" cited repeatedly by witnesses▶ 0:50:38▶ 0:50:58.

• Foster confronted witnesses with the Trump CFPB's court brief argument (filed the preceding Friday) that Section 1033 covers only consumers themselves, not third-party agents — despite statutory language including "an agent, trustee or representative acting on behalf of the individual"▶ 0:59:14▶ 0:59:45.

• Huddleston cited Illinois's Biometric Information Privacy Act as generating major litigation against companies including Meta and Six Flags Amusement Park, largely over technical violations rather than proven harm▶ 0:42:22▶ 2:18:43.

• Strickland detailed unresolved 1033 rule gaps: no allowance for consumer-authorized secondary data use, no clear deidentified-data standard, and insufficient fraud/liability monitoring▶ 1:28:53▶ 1:29:29.

• Rose established through questioning that no witness could identify a case where complying with one state's privacy law would actually violate another state's law — conflicts arise mainly on implementation and cost, not direct legal contradiction▶ 1:31:36▶ 1:32:22.

• Casten highlighted that AI liability-shield language in legislation the House passed the prior week could let companies claiming an "algorithm" caused a privacy violation escape accountability, a concern Strickland was asked but ran out of time to fully address▶ 1:39:30▶ 1:39:59.

Metadata

CommitteeHouse Financial Services Subcommittee on Financial Institutions
Chamber / CongressHouse · 119th Congress
DateJune 5, 2025
TypeHearing
Witnesses
Ms. Rebecca Kuehn — Partner, Hudson Cook, LLP
Ms. Zoë Strickland — Senior Fellow, Future of Privacy Forum (FPF)
Ms. Jennifer Huddleston — Fellow in Technology Policy, Cato Institute
Mr. Scott Talbott — Executive Vice President, Electronic Transactions Association
Mr. Andrew Morris — Director of Innovation and Technology, America's Credit Unions (ACU)
Videoyoutube
Transcript293 caption blocks · 20,942 words · 2:20:34 runtime
EventCongress.gov 118324