Updating America’s Financial Privacy Framework for the 21st Century

Digital Assets and Bank RegulationHouse Financial Services · March 17, 2026 · 119th Congress
The House Financial Services Committee held this hearing to examine the Gramm-Leach-Bliley Act (GLBA), the 26-year-old federal financial privacy law, and a Republican discussion draft that would add consumer access, deletion, and data-minimization rights while preempting state privacy laws. Begins at ▶ 0:30:22
Transcript
Highlights

Title

Modernizing the Gramm-Leach-Bliley Act's financial data privacy rules

Purpose

The House Financial Services Committee held this hearing to examine the Gramm-Leach-Bliley Act (GLBA), the 26-year-old federal financial privacy law, and a Republican discussion draft that would add consumer access, deletion, and data-minimization rights while preempting state privacy laws. Witnesses from the banking, fintech, business, and consumer-advocacy sectors testified on federal preemption, private rights of action, screen scraping versus APIs, and the CFPB's role in enforcement, while Democrats also pressed witnesses on DOJ/DOGE access to sensitive government data and the CFPB's reduced capacity. Begins at▶ 0:30:22

Who spoke

• Chairman French Hill (R-AR)▶ 0:30:22: Opened the hearing on updating GLBA, stressing the value of its technology-neutral framework▶ 0:30:44 and urging a "scalpel, not a sledgehammer" approach to reform▶ 0:33:06; later questioned witnesses on technological neutrality▶ 1:05:51 and screen scraping▶ 1:10:05.

• Ranking Member Maxine Waters (D-CA)▶ 0:33:57: Argued Americans have no control over how their data is used and accused the Trump administration of handing sensitive data to DHS to target immigrants▶ 0:34:42 and of undermining the CFPB▶ 0:35:39; later pressed on DOJ/Musk access to Treasury and CFPB systems▶ 1:11:12.

• Rep. Andy Barr (R-KY), Financial Institutions Subcommittee Chair▶ 0:38:21: Called for a national GLBA framework and warned against private rights of action padding "the pockets of the trial bar"▶ 0:39:07; later argued preemption would cut compliance costs and improve consumer choice▶ 1:59:01.

• Rep. Bill Foster (D-IL), Financial Institutions Subcommittee Ranking Member▶ 0:39:32: Noted the CFPB's open banking and data broker oversight work under Dodd-Frank▶ 0:39:56; later discussed his bipartisan Stop ID Fraud Act and asked about API/agentic-commerce standards▶ 1:43:05.

• Nathan Taylor, Morrison Foerster▶ 0:40:51: Said GLBA's notice-and-opt-out framework remains meaningful and proposed adding access, deletion, and full federal preemption▶ 0:44:25; confirmed data aggregators are covered "financial institutions" under GLBA▶ 1:17:56.

• Clara Kim, Bank Policy Institute▶ 0:45:55: Argued for a single, fully preemptive national GLBA standard▶ 0:48:07 and said dual state/federal compliance regimes raise costs that trickle down to consumers▶ 1:09:45; supported a general ban on screen scraping▶ 1:25:54.

• Steve Boms, Financial Data and Technology Association (FDATA)▶ 0:50:54: Testified GLBA already covers open banking platforms via the significantly-engaged test, Finders Rule, and service-provider provisions▶ 0:52:10; said screen scraping remains a "critical fallback" for millions and opposed a ban▶ 1:16:51.

• Jordan Crenshaw, U.S. Chamber of Commerce▶ 0:55:36: Cited an ITIF estimate that state privacy fragmentation could cost the economy $1 trillion over 10 years▶ 0:56:46; said 71% of financial-services small businesses worry about complying with a state patchwork▶ 0:57:07; opposed private rights of action, citing the CAIPA/Adidas litigation as an example of forum shopping▶ 1:19:33.

• Laura MacCleery, UnidosUS▶ 1:00:39: Warned the discussion draft's preemption would block stronger state protections like California's opt-in consent▶ 1:01:56; detailed IRS data-sharing errors with DHS, citing a court finding of 42,695 legal violations▶ 1:03:11; argued data privacy is "democratic infrastructure" tied to First and Fourth Amendment rights▶ 1:05:21.

• Rep. Bill Huizenga (R-MI), Vice Chairman▶ 1:16:19: Polled witnesses on whether GLBA needs clarification on screen scraping▶ 1:16:21 and questioned Crenshaw on private-right-of-action costs▶ 1:18:24.

• Rep. Brad Sherman (D-CA)▶ 1:21:32: Cited $19.7 billion returned to consumers and $5 billion in CFPB civil penalties▶ 1:22:02; argued preemption is acceptable only with high, not weak, national standards▶ 1:22:57.

• Rep. Frank Lucas (R-OK)▶ 1:26:23: Asked about the status quo need for GLBA updates and codification versus "regulatory whiplash" from shifting agency rules▶ 1:27:08.

• Rep. David Scott (D-GA)▶ 1:31:20: Questioned Boms on written information security programs (WISPs) and root causes of SEC data-security findings▶ 1:32:35▶ 1:36:07.

• Rep. Pete Sessions (R-TX)▶ 1:36:37: Asked Crenshaw to detail Texas's consensus privacy law as a model, including its rejection of private rights of action▶ 1:37:59.

• Rep. Sylvester Turner/Wagner (R-MO)▶ 1:47:46: Asked Crenshaw about the compliance/competitiveness costs of the state patchwork, citing a possible $50 billion GDP hit and 700,000 jobs from Colorado's AI law▶ 1:50:14.

• Rep. Emanuel Cleaver (D-MO)▶ 1:53:14: Asked MacCleery about AI safeguards for underserved communities and UnidosUS's "voice, values, investment" governance framework▶ 1:54:04.

• Rep. Troy Downing/Daines (R-MT)▶ 2:39:57: Asked about technology-neutral drafting, CFPB's rulemaking role, and state versus federal roles in privacy enforcement▶ 2:40:21.

• Rep. Juan Vargas (D-CA)▶ 2:35:12: Pressed Boms and Kim on whether an open-banking rule with clear API protocols would eliminate the need for screen scraping▶ 2:35:52; criticized preemption without a private right of action▶ 2:39:22.

• Rep. Warren Davidson (R-OH)▶ 2:20:38: Warned against AI "blanket immunity" to harvest data and asked about opt-in vs. opt-out and data disaggregation risks▶ 2:22:39▶ 2:24:05.

• Rep. Sean Casten (D-IL)▶ 2:15:03: Raised concerns about AI companies avoiding liability for data misuse and CISA's uploading of sensitive information into ChatGPT▶ 2:16:27; asked whether AI tools can be "ring-fenced" to prevent data leakage▶ 2:17:24.

• Rep. Ayanna Pressley (D-MA)▶ 2:25:32: Used a hypothetical renter, "Mark," to argue for open banking and consumer control over shared financial data▶ 2:26:00; asked MacCleery about language-accessibility in financial disclosures▶ 2:29:39.

• Rep. Ro Khanna/Luardo (D-CA)▶ 2:34:42: Cited a 2021 NORC survey finding 93% of fintech users unaware their data is being scraped▶ 2:35:12; pushed for a federal requirement that all institutions build secure APIs▶ 2:37:35.

• Rep. Rashida Tlaib (D-MI)▶ 2:44:42: Highlighted CFPB's closure of disparate-impact fair-lending investigations▶ 2:45:40 and cited Kroger's reported $527 million profit from selling shopping data in 2024▶ 2:48:15.

• Rep. Bryan Steil (R-WI)▶ 2:50:06: Asked Taylor whether GLBA's definition of "financial institution" is sufficiently clear for data aggregators▶ 2:51:48, and asked Crenshaw to rank state privacy laws by workability▶ 2:53:44.

• Rep. Erin Houchin/Stutzman (R-IN)▶ 2:55:32: Compared Indiana's and California's differing treatment of GLBA-covered entities and polled the full panel on support for a uniform national standard▶ 2:58:01.

Key moments

• MacCleery testified a federal judge found the IRS shared taxpayer data with DHS in a manner that violated the law at least 42,695 times, after DHS's request escalated from 700,000 to 7 million to 1.28 million records before 47,000 were ultimately sent▶ 1:03:11.

• MacCleery cited a sworn affidavit from CFPB's former chief technologist stating no employee had ever had blanket data access before, but DOJ staff were granted "god tier" access the day they arrived▶ 1:15:32.

• Crenshaw cited a 2022 ITIF report estimating a fragmented state privacy landscape could cost the U.S. economy $1 trillion over 10 years, $200 billion of it falling on small businesses, and Chamber survey data showing 71% of small financial-services firms worry about patchwork compliance costs▶ 0:56:46▶ 0:57:07.

• Crenshaw and Sessions discussed a California Invasion of Privacy Act lawsuit against Adidas allowed to proceed in the Southern District of California while a similar case was rejected in the Northern District, illustrating inconsistent private-right-of-action outcomes▶ 1:19:33▶ 1:20:00.

• Kim, Crenshaw, and Taylor all endorsed full federal preemption of state privacy laws, while MacCleery and Waters argued this would block stronger state protections (e.g., California's opt-in consent, Colorado, Connecticut, Virginia) without raising the federal floor▶ 1:01:56▶ 1:59:55.

• Boms said 93%–like figures aside, member institutions of FDATA are all subject to GLBA through the "significantly engaged" test, the 2021 Finders Rule, and service-provider contract provisions, and that the oldest FDATA member company is as old as GLBA itself, founded in 1999▶ 0:52:24▶ 1:35:07.

• MacCleery said S&P Global estimates depositors miss $40 billion annually in savings interest due to switching friction that an open banking (rule 1033) framework would reduce▶ 1:46:47.

• Tlaib cited a 2024 report that Kroger made an estimated $527 million in profit — about one-third of its net income — from selling shopping data, tying this to concerns about surveillance pricing▶ 2:48:15.

• On screen scraping, witnesses split: Kim and Crenshaw favored a ban (though Crenshaw questioned whether GLBA is the right vehicle)▶ 1:16:51, while Boms said it remains a necessary fallback for smaller institutions lacking API resources▶ 0:50:54▶ 2:36:17.

• Casten and MacCleery raised concerns that AI tools (e.g., ChatGPT) have absorbed sensitive government data uploaded by officials, with MacCleery noting it's difficult to know whether compromised data can ever be fully secured again▶ 2:15:03▶ 2:19:21.

Metadata

CommitteeHouse Financial Services
Chamber / CongressHouse · 119th Congress
DateMarch 17, 2026
TypeHearing
Witnesses
Ms. Clara Kim — Senior Vice President, Bank Policy Institute
Mr. Jordan Crenshaw — Senior Vice President, Technology Engagement Center, U.S. Chamber of Commerce
Ms. Laura MacCleery — Senior Director, Policy and Advocacy, UnidosUS
Mr. Nathan Taylor — Partner, Morrison Foster
Mr. Steve Boms — Executive Director, Financial Data and Technology Association
Videoyoutube
Transcript371 caption blocks · 25,013 words · 3:00:51 runtime
EventCongress.gov 119049