"[T]he voluntary program envisioned in the proposal raises several concerns for plan sponsors.... [1] [T]he DOL is seeking voluntary submission of data dating back to the date the plan became covered by ERISA.... [2] It is easy to imagine that the DOL could use the information submitted for the lost and found database to target plan sponsors for enforcement activities relating to missing participants.... [3] it is not clear whether this description of the DOL's security measures is sufficient to comply with the Department's own best practices for plan fiduciaries to consider when entrusting a third party with confidential participant information."

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