12 CFR Part 1214 — Availability of Non-Public Information

PART 1214—AVAILABILITY OF NON-PUBLIC INFORMATION Authority: 5 U.S.C. 301, 552; 12 U.S.C. 4501, 4513, 4522, 4526, 4639. Source: 78 FR 39958, July 3, 2013, unless otherwise noted. § 1214.1 Definitions. Confidential supervisory information (1) The information is not a document prepared by a regulated entity or the Office of Finance for its own business purposes that is in its possession; (2) The information is exempt from the Freedom of Information Act, 5 U.S.C. 552 (1966); and (3) The information—(i) Consists of reports of examination, inspection and visitation, confidential operating and condition reports, and any information derived from, related to, or contained in such reports, or (ii) Is gathered by FHFA in the course of any investigation, suspicious activity report, cease-and-desist order, civil money penalty enforcement order, suspension, removal or prohibition order, or other supervisory or enforcement orders or actions taken under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992, Public Law 102-550, 122 Stat. 2654. Disclosure FHFA employee Non-public information et seq. Federal Register. Person § 1214.2 Purpose and scope. (a) Purpose. (b) Scope. (c) These provisions also do not supersede or otherwise alter the rights or liabilities created by 5 U.S.C. 7211 (governing disclosures to Congress); 5 U.S.C. 2302(b)(8) (governing disclosures of illegality, waste, fraud, abuse, or public health or safety threats); or 12 U.S.C. 3401 (governing disclosure of financial institution customer information). § 1214.3 General rule. (a) In general, Non-FHFA Employees. (b) In general, FHFA Employees. (c) Persons possessing confidential supervisory information. (d) No Waiver. (e) Penalties, Confidential Supervisory Information. (f) Penalties, Non-Public Information. § 1214.4 Exceptions. (a) FHFA Employees. (b) Regulated Entity Agents and Consultants. (2) A regulated entity, the Office of Finance, or a director, officer, employee, or agent thereof, also may disclose confidential supervisory information to a consultant under this paragraph if the consultant is under a written contract to provide services to the regulated entity or the Office of Finance and the consultant has agreed in writing: (i) To abide by the prohibition on the disclosure of confidential supervisory information contained in this section; and (ii) That it will not use the confidential supervisory information for any purposes other than those stated in its contract to provide services to the regulated entity or the Office of Finance. (c) Law Enforcement Proceedings. (d) Privilege.

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