Morgan Stanley Smith Barney Pays $35 Million Over "Astonishing" Client Data Lapse

Tom Burroughes

23 February 2023

Morgan Stanley Smith Barney LLC, part of said it had inadvertently put 120,000 persons’ details on a public website. The MSSB case also raises questions about the role of third-party data providers and how liability for problems remains with the firm that chooses to outsource certain tasks.

Back in 2015
The SEC said that as far back as 2015, MSSB failed to properly dispose of devices containing its customers’ PII.

“MSSB’s failures in this case are astonishing. Customers entrust their personal information to financial professionals with the understanding and expectation that it will be protected, and MSSB fell woefully short in doing so,” Gurbir S Grewal, director of the SEC’s Enforcement Division, said.

“On multiple occasions, MSSB hired a moving and storage company with no experience or expertise in data destruction services to decommission thousands of hard drives and servers containing the PII of millions of its customers,” the SEC said.

Over several years, MSSB failed to properly monitor the moving company’s work. The staff’s investigation found that the moving company sold thousands of MSSB devices to a third-party, including servers and hard drives, some of which contained customer PII, and which were eventually resold on an internet auction site without the removal of such customer PII.

While MSSB recovered some of the devices, which were shown to contain thousands of pieces of unencrypted customer data, the firm has not recovered most of the devices.

The SEC’s order also finds that MSSB failed to properly safeguard customer PII and properly dispose of consumer report information when it decommissioned local office and branch servers as part of a broader hardware refresh program.

A records reconciliation exercise undertaken by the firm during this decommissioning process revealed that 42 servers, all potentially containing unencrypted customer PII and consumer report information, were missing. Moreover, during this process, MSSB also learned that the local devices being decommissioned had been equipped with encryption capability, but that the firm had failed to activate the encryption software for years.

Without admitting or denying its findings, MSSB consented to the SEC’s order finding that the firm violated the Safeguards and Disposal Rules under Regulation S-P and agreed to pay the $35 million penalty.