“Examiners who may already be on the defensive in regard to criticism about their actions prior to the fall 2008. Examiners who now have the Dodd-Frank Act on their side, giving them more authority. Examiners who in conjunction with Dodd-Frank have been charged with heightening their scrutiny of all consumer protection compliance.
No doubt, examiners are going to get tough. A decree recently stated by a representative from the OCC: “Fair but tough”. In fact many anecdotal reports confirm this is already happening.”
The difference between “tough but fair”, and “fair but tough” is much more than semantic. It means that “tough” is the operative word. As the pendulum of regulatory focus swings from credit risk back to regulatory risk, expect regulators (and auditors) to spend more time scrutinizing your information security policies, procedures and practices.