§5111 — Title 12 Banks and Banking | U.S. Code

Summary

Keeps private information given to the Nationwide Mortgage Licensing System and Registry (or the system made under section 5108) protected by the same federal and state privacy rules and privileges that applied before it was shared. That information can be given to state and federal regulators who oversee mortgages or financial services without losing those protections. Such protected information cannot be made public, turned over by subpoena, used in discovery, or used as evidence in private lawsuits or administrative cases unless the person the information is about chooses to waive that protection, in whole or in part. If a state law gives weaker protection, this rule overrides it. One exception: employment history and disciplinary or enforcement records about loan originators that are placed in the system for public access are not covered by these protections.

Title 12, §5111

Banks and Banking — Source: USLM XML via OLRC

(a)Except as otherwise provided in this section, any requirement under Federal or State law regarding the privacy or confidentiality of any information or material provided to the Nationwide Mortgage Licensing System and Registry or a system established by the Director under section 5108 of this title, and any privilege arising under Federal or State law (including the rules of any Federal or State court) with respect to such information or material, shall continue to apply to such information or material after the information or material has been disclosed to the system. Such information and material may be shared with all State and Federal regulatory officials with mortgage or financial services industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by Federal and State laws.

(b)Information or material that is subject to a privilege or confidentiality under subsection (a) shall not be subject to—

(1)disclosure under any Federal or State law governing the disclosure to the public of information held by an officer or an agency of the Federal Government or the respective State; or

(2)subpoena or discovery, or admission into evidence, in any private civil action or administrative process, unless with respect to any privilege held by the Nationwide Mortgage Licensing System and Registry or the Director with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person, that privilege.

(c)Any State law, including any State open record law, relating to the disclosure of confidential supervisory information or any information or material described in subsection (a) that is inconsistent with subsection (a) shall be superseded by the requirements of such provision to the extent State law provides less confidentiality or a weaker privilege.

(d)This section shall not apply with respect to the information or material relating to the employment history of, and publicly adjudicated disciplinary and enforcement actions against, loan originators that is included in Nationwide Mortgage Licensing System and Registry for access by the public.

Notes & Related Subsidiaries

Editorial Notes

Amendments

2015—Subsec. (a). Pub. L. 114–113 inserted “or financial services” before “industry”. 2010—Subsecs. (a), (b)(2). Pub. L. 111–203 substituted “Director” for “Secretary”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2010 AmendmentAmendment by Pub. L. 111–203 effective on the designated transfer date, see section 1100H of Pub. L. 111–203, set out as a note under section 552a of Title 5, Government Organization and Employees.

§5111 Confidentiality of information