Subject: File No. S7-12-23
From: Paul J.

Implementing stringent rules to manage conflicts of interest related to predictive data analytics could stifle innovation within the financial industry. Predictive data analytics has the potential to enhance investment strategies, improve risk management, and provide valuable insights to investors. Overregulation might deter firms from exploring innovative techniques, hindering their ability to adapt to changing market dynamics. Additionally, crafting overly specific rules may not effectively address the nuanced challenges associated with predictive data analytics. The technology and methods in this field are rapidly evolving, making it difficult for regulatory frameworks to keep pace. A more flexible and principles-based approach, rather than rigid rules, might be better suited to address the dynamic nature of predictive data analytics. This approach would allow companies to adapt their practices in response to new developments and technological advancements, ensuring that regulations remain relevant and effective over time. Moreover, excessive regulation could lead to a lack of competitiveness in the global financial market. If U.S. regulations become overly burdensome, firms might relocate to jurisdictions with more favorable regulatory environments. This could weaken the U.S. financial industry's global standing and potentially have adverse effects on the economy. It is essential for regulators to strike a balance between protecting investors and fostering innovation. Any regulations implemented should be carefully crafted, taking into account the potential impact on innovation, market competitiveness, and the ability of financial institutions to adapt to emerging technologies. Collaboration between regulators, industry experts, and stakeholders is crucial to developing effective and balanced regulations in this rapidly evolving field. In addition to the potential stifling of innovation, it is important to note the redundancy of the proposed rule with Regulation Best Interest (Reg BI), which was implemented to address conflicts of interest in the financial industry. Reg BI, introduced by the SEC in 2019, establishes a higher standard of conduct for broker-dealers and investment advisers. The industry is still in the process of assimilating and implementing the requirements of Reg BI. Introducing another set of rules specifically targeting conflicts of interest associated with predictive data analytics could lead to confusion and overlapping compliance burdens for financial institutions. By building on the existing framework of Reg BI and enhancing its guidelines to incorporate the challenges related to predictive data analytics, the SEC could promote consistency and clarity within the industry. This approach would allow market participants to focus on understanding and implementing a unified set of regulations, ensuring better compliance and, more importantly, fostering investor confidence. Redundant regulations not only create confusion but also strain the resources of financial institutions, diverting their attention and efforts away from serving investors effectively. It is crucial for regulators to avoid adding unnecessary complexity to the regulatory landscape, enabling the industry to fully embrace and comply with the existing regulations, such as Reg BI. This streamlined approach would promote a more efficient and effective regulatory environment, ultimately benefiting both market participants and investors alike.