Subject: S7-04-23
From: J. Dana
Affiliation:

Oct. 23, 2023

J. Dana
[REDACTED]
10-23-23

Securities and Exchange Commission
100 F Street, NE
Washington, DC 20549-1090

Subject: Public Comment on Proposal "Safeguarding Advisory Client
Assets" (File No. S7–25–20)

Dear Securities and Exchange Commission,

I am writing to provide a public comment on the proposed rule
"Safeguarding Advisory Client Assets" (File No. S7–25–20). The rule aims
to enhance investor protections and address gaps in the custody rule.
While I appreciate the regulatory efforts to protect investors, I have
concerns about the privacy and security ramifications of the proposed
rule.

Privacy is a fundamental right, and it is essential to safeguard
sensitive financial data and personal information. Unfortunately, the
proposal does not adequately recognize the privacy and security concerns
associated with the custody of digital assets and fails to set forth
appropriate safeguards to protect investors' assets from unauthorized
access or data breaches.

By requiring investment advisers to provide detailed information about
clients' assets and custodians, the proposal increases the number of
third parties with access to sensitive financial data, including Social
Security numbers. This raises significant privacy concerns related to
the storage, transmission, and handling of this information. As we have
witnessed in recent years, major data breaches have exposed personal and
financial information, leading to identity theft and financial fraud.

As the proposal expands the scope of assets to be held by qualified
custodians, it becomes crucial to ensure that adequate measures are in
place to protect the privacy and security of investor information. The
SEC should collaborate with industry experts to develop comprehensive
and robust cybersecurity standards that address the specific challenges
associated with digital assets custody. These standards should include
guidelines for encryption, access controls, security audits, incident
response plans, and regular training for personnel handling sensitive
data.

Furthermore, the proposal should require investment advisers to obtain
explicit consent from investors before sharing their personal and
financial information with custodians or any third party. This consent
should clearly explain the risks and potential consequences of sharing
such information, highlighting the importance of privacy and security
safeguards.

In addition to these privacy concerns, I would also like to address the
broader issue of private contract rights. Investment advisers and their
clients should have the freedom to enter into private contracts that
specify the terms of custody and address individual preferences for
privacy and security. Imposing a one-size-fits-all regulatory framework
on all investment advisers may limit the ability to negotiate and tailor
custody arrangements to individual needs.

To strike a balance between privacy, security, and investor protection,
the SEC should consider providing more flexibility and options within
the proposed rule. For instance, advisers could be given the option to
choose from a range of qualified custodians with varying privacy and
security protocols, allowing them to align their custody arrangements
with their clients' preferences and risk profiles.

In conclusion, I urge the SEC to carefully evaluate the privacy and
security concerns associated with the custody of digital assets and
incorporate robust safeguards into the final rule. Investors' financial
data, including personal and sensitive information, must be protected
from unauthorized access and potential breaches. By prioritizing
privacy, security, and the preservation of private contract rights, the
SEC can ensure that the proposed rule achieves its intended goal of
enhancing investor protections.

Thank you for considering my concerns. I appreciate the opportunity to
provide input on this important matter. If you require any further
information or clarification, please do not hesitate to contact me.

Sincerely,

J. Dana

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