Request for Review by the Disciplinary Committee | DSI 2026-01
In brief
- Request for review regarding the deletion of work-related emails.
- When does negligent conduct also constitute a disciplinary offense?
- The chair sees no sufficient reason to reconsider the earlier decision.
On October 6, 2026, the chair of the DSI Disciplinary Committee issued a decision regarding a request for reconsideration.
The chair of the DSI Disciplinary Committee has reviewed a request for reconsideration following the DSI’s decision not to refer a complaint against a certified professional to the Disciplinary Committee.
The complaint concerned the deletion of all messages from an internal mailbox shortly before the certified professional left his employer. According to the complainant, not all relevant information from this mailbox had been saved in the appropriate client files. DSI had previously ruled that, while the certified professional’s actions were indeed negligent, they did not constitute sufficient grounds for disciplinary action.
In response to this decision, the complainant submitted additional documents. The certified professional countered that all relevant information had been archived in the client files prior to the deletion of the mailbox. The certified professional also reportedly offered to assist in restoring the client files and the deleted email messages.
Based on the available file, the chairperson was unable to determine which information had or had not been stored properly. The decisive factor in assessing the request for review was whether there were sufficient grounds to suspect that the certified professional had acted in a manner subject to disciplinary action. According to the chair, there were insufficient grounds for such a suspicion.
The chairperson noted in this regard that the certified professional should have complied with the internal rules for data retention. If this was not done, or not done fully, the chairperson considers this to be extremely negligent. At the same time, the file contained no evidence that the certified investment advisor had provided investment advice, and there were no indications that clients had been harmed by the alleged conduct. Furthermore, the file showed that the company had ultimately been able to recover and secure the vast majority of the data in question.
The chair therefore sees insufficient grounds to revise DSI’s original decision.
DSI Core Principles
- Core Principle 3: Act carefully
Integrity and diligence form the foundation of the work of financial professionals. Among other things, this means that they interact with clients, their employer, and other market participants in a diligent and professional manner.
DSI Code of Conduct, Articles 7.1.2, 7.1.3, and 7.2.1. - Core Principle 5: Comply with rules
Financial professionals must comply with the laws, regulations, and internal policies that apply to their work. This includes carefully maintaining and documenting relevant information.
DSI Code of Conduct, Articles 7.1.5, 7.1.6, and 7.4.2.