SEC to reopen comment on climate-related disclosure rule, data breach reporting after glitch

Comments on several of the agencies most controversial rule proposals, including climate-related disclosures and reporting cybersecurity breaches within four business days, might have been lost as the result of a “technical error,” the agency revealed in a press release Friday. The SEC said most of the comments affected were submitted in August, but the error is “known to have occurred as early as June 2021.”

“To ensure that interested persons, including any affected commenters, have the opportunity to comment on the affected releases or to resubmit comments, the commission is reopening the comment periods for the affected releases until 14 days following publication of the reopening release in the Federal Register,” the agency stated.

Rule proposals affected include the following:

• Reporting of securities loans
• Prohibition against fraud, manipulation, or deception in connection with security-based swaps; prohibition against undue influence over chief compliance officers; position reporting of large security-based swap positions
• Money market fund reforms
• Share repurchase disclosure modernization
• Short position and short activity reporting by institutional investment managers
• Cybersecurity risk management, strategy, governance, and incident disclosure
• Private fund advisers; documentation of registered investment adviser compliance reviews
• The enhancement and standardization of climate-related disclosures for investors
• Special purpose acquisition companies, shell companies, and projections
• Investment company names
• Enhanced disclosures by certain investment advisers and investment companies about environmental, social, and governance investment practices

Also reopened was an agency request for comment on certain information providers acting as investment advisers. Comments regarding a handful of self-regulatory organization matters might have also been affected.

The SEC encouraged previous internet commenters to check and ensure their submissions were received and posted.