# 2026-13123: FDIC Lets Banks Swap Secrets With Less Paperwork

2026-13123, Disclosure of Information, is a Federal Register proposed rule from Federal Deposit Insurance Corporation published 2026-06-30, effective Comments must be received by the FDIC no later than August 31, 2026.; PRIA reads it as touching household money (as of 2026-07-07).

- Canonical: https://policyrisk.com/federal-register/2026-13123
- As of: 2026-07-07
- Plain-text twin of the page above; the HTML and this file carry the same facts.

## Facts
- Document number: 2026-13123
- Title: Disclosure of Information
- Type: Proposed Rule
- Agencies: Federal Deposit Insurance Corporation
- Citation: 91 FR 39726
- Published: 2026-06-30
- Effective: Comments must be received by the FDIC no later than August 31, 2026.
- Comments close: 2026-08-31
- Significant: no
- Touches household money: yes
- Regulation identifier numbers: 3064-AG30
- Last updated: 2026-07-07

## In one line

FDIC Lets Banks Swap Secrets With Less Paperwork

## Summary

The FDIC wants to make it easier and clearer for banks to share confidential info with their affiliates without asking for permission first. They’re also simplifying rules about when and how they share info under the Freedom of Information Act and during legal cases. If you’re a bank or work with one, you’ve got until August 31, 2026, to share your thoughts on these changes—no extra costs, just smoother info sharing!

## Abstract

The Federal Deposit Insurance Corporation (FDIC) is inviting comment on a notice of proposed rulemaking that would update, clarify, and supplement the FDIC's regulations regarding the disclosure of confidential information by the FDIC and other parties, including by enhancing the ability of insured depository institutions to share confidential supervisory information with affiliates and certain other entities for appropriate business purposes, without seeking prior authorization from the FDIC. The proposal also would significantly simplify and clarify the requirements and restrictions applicable to the FDIC's discretionary disclosure of confidential information. Finally, the proposal would update and simplify the FDIC's rules regarding disclosures required under the Freedom of Information Act and would clarify how and when FDIC information may be disclosed in connection with legal proceedings and as a result of service of process made upon the FDIC and its directors, officers, and employees.

## Effects PRIA read

- Banks can share FDIC confidential info: benefit, medium. Insured depository institutions would be allowed to share FDIC confidential information with certain third parties without asking the FDIC first, provided they have a qualifying confidentiality agreement. Examples named in the proposal include a bank's legal counsel, majority shareholder, qualifyin…
- New terms for confidentiality agreements: cost, low. To use the no-prior-approval sharing, recipients must sign a written "qualifying confidentiality agreement" that is governed by U.S. or state law, limits use and further disclosure, restricts access to people with a business need, and makes the FDIC an intended third-party beneficiary enforceable i…
- Fintechs qualify as service providers: benefit, medium. The rule would define a "qualifying service provider" to include entities that provide products, advisory/consulting services, or technological infrastructure—explicitly including third-party "fintech" companies—so banks can share confidential FDIC information with these providers under the qualify…
- Changes to FDIC FOIA request rules: mixed, low. The FDIC would revise how it processes FOIA requests: requesters must describe records with enough detail (very general or undated requests may be treated as defective), individuals requesting their own records must meet identity verification per 12 CFR 310.4(c), requests about third parties may ne…
- Submitters get notice and can object: benefit, low. For confidential commercial information submitted to the FDIC, the proposal would require that submitters may designate material at submission as likely to cause substantial competitive harm if disclosed. The FDIC would notify submitters if a FOIA request seeks such information, allow the submitter…
- FDIC's 'good cause' disclosure standard: benefit, low. The FDIC would codify "good cause" as the standard for discretionary disclosure of confidential information and list factors an authorized director may consider, including regulatory purpose, availability of other sources, scope of the information, recipient's intended use, legality, and safety-and…

## Related documents

- [2026-17823](https://policyrisk.com/federal-register/2026-17823): Unsafe or Unsound Practices, Matters Requiring Attention, 2026-09-01
- [2026-08298](https://policyrisk.com/federal-register/2026-08298): Regulatory Capital Rule: Community Bank Leverage Ratio Framework, 2026-04-29
- [2026-05960](https://policyrisk.com/federal-register/2026-05960): Regulatory Capital Rules: Regulatory Capital and Standardized Approach for Risk-Weighted Assets, 2026-03-27
- [2025-21625](https://policyrisk.com/federal-register/2025-21625): Regulatory Capital Rule: Revisions to the Community Bank Leverage Ratio Framework, 2025-12-01
- [2025-21626](https://policyrisk.com/federal-register/2025-21626): Regulatory Capital Rule: Modifications to the Enhanced Supplementary Leverage Ratio Standards for U.S. Global Systemically Important Bank H…, 2025-12-01
- [2025-12787](https://policyrisk.com/federal-register/2025-12787): Regulatory Capital Rule: Modifications to the Enhanced Supplementary Leverage Ratio Standards for U.S. Global Systemically Important Bank H…, 2025-07-10

## Sources
- [2026-13123 on federalregister.gov](https://www.federalregister.gov/documents/2026/06/30/2026-13123/disclosure-of-information)
- [2026-13123 as published (PDF)](https://www.govinfo.gov/content/pkg/FR-2026-06-30/pdf/2026-13123.pdf)

## Related
- [Previous: 2026-13076, Endangered and Threatened Wildlife and Plants; 12-Month Finding and Proposed Ru…](https://policyrisk.com/federal-register/2026-13076)
- [Next: 2026-13126, Designation-Restrict the Operation of Unmanned Aircraft in Close Proximity to a…](https://policyrisk.com/federal-register/2026-13126)
- [All Federal Register documents](https://policyrisk.com/federal-register)

Source: PRIA, https://policyrisk.com/federal-register/2026-13123 (as of 2026-07-07).
