Subject: S7-04-23: Webform Comments from Anonymous
From: Anonymous
Affiliation:

Oct. 29, 2023

Dear Securities and Exchange Commission,

I am writing to provide my public comment on the proposed rule
"Safeguarding Advisory Client Assets". While I commend the
aim of enhancing investor protections and addressing gaps in the
custody rule, I have several concerns and issues that I would like to
voice. Specifically, I would like to address the lack of clarity on
compliance requirements for non-custodial services and the potential
privacy and safety concerns associated with allowing multiple third
parties to have access to sensitive financial data.

Firstly, the proposed rule does not provide clear guidance on
compliance requirements for non-custodial services. This lack of
clarity creates uncertainty for market participants, especially
investment advisers who offer such services. It is crucial for the SEC
to provide explicit guidelines on how non-custodial services should
comply with the proposed rule to ensure consistency and a level
playing field for all industry participants. Without clear
instructions, there is a risk of inconsistent interpretations and
compliance practices, which could undermine the intended investor
protections.

Furthermore, the proposed rule raises concerns regarding privacy and
the safety of sensitive financial data. By requiring investment
advisers to disclose client information to custodians, there is a
heightened risk of unauthorized access, data breaches, and identity
theft. The public disclosure of client information, including social
security numbers, poses significant threats to individual privacy and
security. It is imperative that adequate safeguards and security
measures are put in place to protect the privacy and confidentiality
of client data. The SEC should consider incorporating stringent
requirements for encryption, data storage, and access controls to
mitigate the risks associated with the disclosure of sensitive
financial information.

In addition to these concerns, I would also like to raise certain
broader questions and issues related to the proposal. Firstly, it
would be highly beneficial for the SEC to provide further guidance on
the potential impact of the proposed rule on small entities. Small
investment advisers may face significant compliance costs and
operational challenges when implementing the rule. The SEC should
consider whether any alternative requirements or exemptions could be
provided to mitigate the burden on small entities, without
compromising investor protections.

Furthermore, as part of the economic analysis, I encourage the SEC to
thoroughly examine the potential costs and benefits associated with
the proposed rule. While the rule aims to enhance investor
protections, it is important to assess the potential economic effects
on advisory services, competition, and capital formation. By
conducting a robust analysis, the SEC can ensure that the proposed
rule strikes an appropriate balance between investor protections and
the overall economic wellbeing of the industry.

In conclusion, I urge the Securities and Exchange Commission to
address the lack of clarity surrounding compliance requirements for
non-custodial services and prioritize the privacy and safety of
sensitive financial information. Furthermore, I recommend that the SEC
thoroughly examines the economic implications of the proposed rule,
particularly with regard to small entities, competition, and capital
formation. By incorporating these considerations and adequately
addressing the raised concerns, the SEC can create a rule that
effectively safeguards client assets while minimizing unintended
consequences.

Thank you for considering my public comment. I appreciate the
opportunity to contribute to this important discussion and look
forward to the SEC's careful consideration of my concerns and
suggestions.

Sincerely,

Anonymous