Published on
July 1, 2026
FDIC proposes overhaul of confidential disclosure rules
FDIC proposes rule updates to expand and clarify disclosure of confidential supervisory information; comments due in 60 days.
The Federal Deposit Insurance Corporation has proposed its first substantial update in about 30 years to the rules governing disclosure of confidential information, including confidential supervisory information.
In a notice of proposed rulemaking issued on June 25, the FDIC said the changes would amend 12 CFR Part 309 and create a new Part 306. The agency said the proposal is intended to reduce administrative burden, broaden the circumstances in which insured depository institutions can share confidential supervisory information without prior FDIC approval, and modernize and clarify its disclosure framework.
Comments on the proposal are due 60 days after publication in the Federal Register.
Broader sharing without prior approval
The proposal’s most significant substantive change would expand the situations in which IDIs may share FDIC confidential information with third parties without first seeking authorization from the agency.
Under the current rule, IDIs must obtain prior FDIC approval before disclosing confidential information to nearly any third party. The proposed rule would allow disclosure for a business purpose, so long as there is a qualifying confidentiality agreement, to a wider group that includes affiliates, legal counsel, majority shareholders, qualifying service providers, and certain potential merger counterparties.
According to the source article, this change would bring the FDIC’s approach more in line with the information disclosure regulations used by the other federal banking agencies.
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Reworking Part 309
The FDIC also would reorganize Part 309 into four subparts covering general provisions and definitions, Freedom of Information Act policies and procedures, discretionary disclosure of confidential information exempt from FOIA, and disclosure of confidential information tied to legal proceedings in which the FDIC is not a party.
As outlined in the proposal, Subpart B would address the FDIC’s FOIA policies and procedures, including updated request processes, processing timelines, fee provisions, and supplemental procedures for confidential commercial information.
Subpart C would cover the agency’s policies and procedures for discretionary disclosure of confidential information exempt from FOIA, including a new general authorization framework for IDIs and a clarified "good cause" standard for FDIC-approved disclosures.
The FDIC’s service process regulations now located in Part 309 would be moved to proposed Part 306.
The source article described the proposal this way: "We believe that this proposed rule is beneficial to FDIC-regulated banks and their service providers who are subject to FDIC examinations, in that it provides flexibility to disclose confidential supervisory information for a business purpose in line with the needs of such entities."
That same source article added: "We suggest that interested banks and service providers should evaluate the rulemaking proposal and respond to the questions contained in it to support the FDIC’s efforts to modernize its treatment of confidential supervisory information."
