Excuse me but unless there is a LAW or REGULATION requiring the data to be erased before disposal or requirement the disposal company used erases the data, this fine should not take place.
I worked as a systems programmer for A. G. Edwards and Sons. It was an extremely conservative company with the policy that the customers ALWAYS came first where money was concerned. All errors were adjudicated in the favor of the investor. For the first time since leaving the USMC, I was actually PROUD of who I worked for and was associated with because of that corporate attitude. I worked closely with the people that maintained the disks for data including customer data. So I know a bit about situations like Morgan and Stanley.
Yes, we erased but I believe that was our corporate policy not a requirement.
If customer data was accessed that should at most be a CIVIL matter not an SEC matter. The SEC is not there to monitor protection of data. The SEC is there to insure fair trading of stocks and reporting of corporate status so investors can buy or sell with all knowing (or having access to information so could know) the same information. I considered our company like the back end for bookies (the brokers). Our researchers followed the various companies and provided information for the brokers (kind of setting the odds) so they could advise our customers. As long as a brokerage is correctly advising customers based on the customer goals and the brokerage is correctly maintaining accounts based on customer investment wishes, it should not be an SEC matter. (The advising is not so critical, rather not giving bad advice. I know there are now some brokerages that just handle buys and sells and give NO advice at all. I would not use one, but then rarely I do wish to do all the research.)
I do not know if the SEC fine limits civil action, prevents civil action, or increases the chance and success of civil action. But again I say this is a CIVIL matter unless laws and regulations have changed.