The Federal Deposit Insurance Corporation has approved a notice of proposed rulemaking to amend its disclosure rules. The proposal would give insured depository institutions more flexibility to share confidential supervisory information for business purposes, while also reorganizing and clarifying the agency’s rules on disclosures under the Freedom of Information Act and in litigation-related contexts. Under the proposal, and subject to specified conditions, insured depository institutions could disclose confidential information to affiliates, attorneys, auditors, accountants and other service providers without prior FDIC approval. Service providers that are subject to FDIC examination could also share confidential information with their partner insured depository institutions without prior approval. The rule would also permit disclosures, subject to conditions and limitations, in connection with prospective mergers and the hiring of a senior executive officer after an employment offer has been made. On FOIA, the proposal would align the FDIC’s protections for confidential commercial information with Executive Order 12600 and clarify the process for notifying submitters before such information is disclosed in response to a FOIA request. It would also revise and simplify the rules on service of process on the FDIC and on disclosure of confidential information in legal proceedings when the FDIC is not a party. Comments will be accepted for 60 days after publication in the Federal Register.
Federal Deposit Insurance Corporation2026-06-25
Federal Deposit Insurance Corporation approves proposal to ease sharing of confidential supervisory information and clarify FOIA rules
The Federal Deposit Insurance Corporation has proposed changes to its disclosure rules that would let insured depository institutions share confidential supervisory information more freely for business purposes, subject to conditions. The proposal would also simplify the agency’s FOIA and litigation-related disclosure rules, including its process for handling confidential commercial information. Comments are due 60 days after publication in the Federal Register.