Planning for data security

by | Dec 27, 2019 | Uncategorized | 0 comments

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Planning for data security

The IRS and its Security Summit partners urge all professional tax preparers to review their data security protections and document them in writing. In fact, CPAs and other paid tax return preparers are required by law to have in place a written information security plan to protect client data. The Gramm-Leach-Bliley (GLB) Act of 1999, P.L. 106-102, gives the Federal Trade Commission (FTC) authority to regulate information safeguard protocols for various types of businesses that are “significantly engaged” in providing financial products or services, which include professional tax preparers.

This “safeguards rule” requires companies to develop a written information security plan describing the company’s policies and procedures for protecting customer information. The plan must be appropriate to the company’s size, activities, and complexity and to the sensitivity of the customer information it collects and uses. The client records and information that CPA tax practitioners routinely collect and store is, of course, among those clients’ most sensitive personal and business data. Tax preparation firms’ plans must:

The FTC notes that companies must consider unique risks arising from their business practices, including when their employees access or process customer information from outside the company’s primary business locations or outside its computer networks. With the growing prevalence among tax firms of allowing return preparers to work on client tax returns remotely from home or other locations via a virtual private network connection or shared use of web access, tax firms offering this option should make sure their safeguards program and written security plan reflect this mode of operation.

For more details and tips on policies and practices for use and protection of servers and computers, systems access, employee training, records retention and disposal, systems maintenance and monitoring, and how to handle a data breach, see the FTC’s webpage “Financial Institutions and Customer Information: Complying With the Safeguards Rule” at ftc.gov.

Another source of practical guidance for tax preparer firms is the recently updated IRS Publication 4557, Safeguarding Taxpayer Data. The IRS and its Security Summit partners also note that the written data security plan is only one point of several information security steps for tax practitioners, outlined in their “Taxes-Security-Together” checklist. Besides creating the plan, the checklist items are:

Part of a recovery plan should be to call the IRS immediately by contacting your local IRS Stakeholder Liaison (contact information available at irs.gov). It is critical for tax practitioners to immediately disclose to the IRS any potential theft of taxpayer data. Data thefts may also be required to be reported to states’ and other jurisdictions’ tax authorities. The Federation of Tax Administrators website at taxadmin.org can provide details.

Civil liability under state laws may also attach to data theft arising from inadequate safeguards. A common recommendation from tax professionals who have experienced data thefts is for all tax professionals to review their professional insurance policy to ensure the business is protected should a data theft occur.

Other relevant statutes, guidance, and resources include:

Sebastian B. Murolo, CPA, MBA, CMB, is an associate professor at Queensborough Community College CUNY in Bayside, N.Y.

To comment on this article or to suggest an idea for another article, contact Paul Bonner, a JofA senior editor, at Paul.Bonner@aicpa-cima.com or 919-402-4434.

Research & References of Planning for data security|A&C Accounting And Tax Services
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