Notice of Proposed Rulemaking on Disclosure of Information

Summary:

On June 25, 2026, the FDIC Board of Directors approved a notice of proposed rulemaking that would amend the FDIC's Rules and Regulations governing the disclosure of information. The proposed rule would provide insured depository institutions (IDIs) with more flexibility to share confidential supervisory information for appropriate business purposes. In addition, the proposed rule would simplify and clarify the FDIC's rules regarding disclosures by the FDIC under the Freedom of Information Act (FOIA) and in connection with litigation.

Statement of Applicability: The contents of, and material referenced in, this FIL apply to all entities that request or possess FDIC information.

Highlights:

The proposed rule would:

• Revise the FDIC's regulations to provide IDIs, IDI parent holding companies, and other entities with greater flexibility to disclose FDIC confidential information for business purposes. Under the proposed rule, subject to certain conditions, IDIs would be authorized to disclose confidential information to their affiliates, attorneys, auditors, accountants, and other service providers, without the need to seek approval from the FDIC. IDI service providers that are subject to FDIC examination would also be authorized to share confidential information with their partner IDIs without obtaining prior FDIC approval.
• Permit IDIs to disclose, subject to certain conditions, confidential information in connection with prospective mergers, subject to limitations, or the hiring of a senior executive officer for whom an offer of employment has been made.
• Reorganize, simplify, and clarify the FDIC's regulations governing the disclosure of information pursuant to FOIA. The proposed rule would align the FDIC's protections for confidential commercial information with Executive Order 12600. Specifically, the proposal would clarify the FDIC's process for providing notice to submitters of commercial information before such information may be disclosed by the FDIC in response to a FOIA request.
• Revise, reorganize, and simplify the FDIC's regulations governing service of process on the FDIC and the disclosure of confidential information in connection with a legal proceeding when the FDIC is not a party.

Comments on the proposed rule will be accepted for 60 days after publication in the Federal Register.