The information you provide to your tax preparer is as sensitive as it gets. The assumption is that the tax preparation company is only using your data to prepare your taxes. In an enforcement action against Beneficial Corp., the FTC alleged that the company was engaged in unfair and deceptive practices by “using information collected for tax preparation services for unrelated loan solicitation purposes,” and ordered the company to stop that practice. The FTC recently sent notices to five tax preparation companies that they, too, could face civil penalties if they are using the same practices that landed Beneficial Corp. in the FTC’s crosshairs.

The warning to those five companies can be accessed here.

The FTC’s warning to tax preparers is a reminder to all of us to check with our tax preparers on how they are collecting, using, disclosing, storing, and retaining our tax information, which includes a vast amount of our personal information. The IRS has issued guidance for tax preparers on how to implement a data security plan and how to follow the FTC’s Safeguards Rule. Using this guidance is a good start to discuss data security and the protection of your sensitive personal information with your tax preparer.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.