Feb. 24, 2023
February 24, 2023 Dear SEC Commissioner, As a retail investor, I am writing to express my views regarding the proposed revisions to the Privacy Act regulations that were published by the SEC. I appreciate the Commission's effort to clarify, update, and streamline the language of several provisions in the regulations. However, I have some concerns regarding the proposed changes. Firstly, I would like to express my support for the proposed provision setting forth the process by which individuals may be provided with an accounting of disclosures made by the Commission. This provision would enable individuals to have greater transparency and control over their personal information, which is essential in today's digital age. Secondly, I also support the proposed provision to codify the existing practice of providing 90 days to file an administrative appeal in response to a denial of a Privacy Act inquiry or request. This provision would ensure that individuals have sufficient time to appeal a denial and exercise their rights under the Privacy Act. However, I have some concerns regarding the proposed revisions to the fee provisions. The proposed amendments would revise the fee provisions to reflect existing practice, which is to apply the duplication fees listed on the Office of FOIA Services' fee page on the Commission's website. While I understand the need to update the fee provisions, I am concerned that the proposed amendments would allow for charging requesters the direct costs associated with making records available on electronic storage devices. This could potentially discourage individuals from exercising their rights under the Privacy Act, particularly those who may not have the financial means to pay for the direct costs associated with obtaining records. Furthermore, I am concerned about the proposed elimination of certain provisions within the existing regulations. While I appreciate the need to eliminate duplicative and unnecessary provisions, I am concerned that the proposed amendments would eliminate important provisions that are necessary for protecting individuals' privacy rights. For example, the proposed elimination of Title 17, section 200.305, which provides special procedures for requests for records, this could potentially make it more difficult for individuals to obtain their personal records, which may be essential for their personal needs. In conclusion, while I appreciate the Commission's effort to clarify, update, and streamline the Privacy Act regulations, I believe that the proposed revisions require further consideration. As a retail investor, I value my privacy rights, and I urge the Commission to carefully consider the potential impact of the proposed changes on individuals' privacy rights. I hope that my comments will be taken into consideration during the rulemaking process. Thank you for considering my views. Sincerely, Jacob Gillmore