§4546 — Title 12 Banks and Banking | U.S. Code

Summary

The Director may, by regulation or order, mark some company submissions as private business information and prevent their release under sections 4543, 1723a(n)(3), or 1456(f)(3). Such enterprise filings cannot be made public or shared with a representative until a final decision. While following the privacy rules in section 304(j) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(j)), the Director must make certain single‑family mortgage data public: the same HMDA data banks report and the data under section 4544(b)(6).

Title 12, §4546

Banks and Banking — Source: USLM XML via OLRC

(a)Subject to subsection (d), the Director may, by regulation or order, provide that certain information shall be treated as proprietary information and not subject to disclosure under section 4543 of this title, section 1723a(n)(3) of this title, or section 1456(f)(3) of this title.

(b)The Director shall not provide public access to, or disclose to the public, any information required to be submitted by an enterprise under section 1723a(n) of this title or section 1456(f) of this title that the Director determines is proprietary.

(c)This section may not be construed to authorize the disclosure of information to, or examination of data by, the public or a representative of any person or agency pending the issuance of a final decision under this section.

(d)Subject to privacy considerations, as described in section 304(j) of the Home Mortgage Disclosure Act of 1975 (12 U.S.C. 2803(j)), the Director shall, by regulation or order, provide that certain information relating to single family mortgage data of the enterprises shall be disclosed to the public, in order to make available to the public—

(1)the same data from the enterprises that is required of insured depository institutions under the Home Mortgage Disclosure Act of 1975 [12 U.S.C. 2801 et seq.]; and

(2)information collected by the Director under section 4544(b)(6) of this title.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Home Mortgage Disclosure Act of 1975, referred to in subsec. (d)(1), is title III of Pub. L. 94–200, Dec. 31, 1975, 89 Stat. 1125, which is classified principally to chapter 29 (§ 2801 et seq.) of this title. For complete classification of this Act to the Code, see

Short Title

note set out under section 2801 of this title and Tables.

Amendments

2008—Pub. L. 110–289, § 1122(a)(1), substituted “Director” for “Secretary” wherever appearing in subsecs. (a) and (b). Subsec. (a). Pub. L. 110–289, § 1127(1), substituted “Subject to subsection (d), the Director” for “The Director”. Subsec. (d). Pub. L. 110–289, § 1127(2), added subsec. (d).

§4546 Prohibition of Public Disclosure of Proprietary Information