§ 5111. Confidentiality of information

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 2008

   Secure and Fair Enforcement for Mortgage Licensing Act of 2008

   Pub. L. 110–289 div. A title V § 1512 · 122 Stat. 2654

   Enacted · 12 U.S.C. § 5111

   Pub. L. 110–289, div. A, title V, § 1512, July 30, 2008, 122 Stat. 2820

   Source evidence

   Code source credit
   Pub. L. 110–289, div. A, title V, § 1512, July 30, 2008, 122 Stat. 2820

   Enacted provision · exact public law section
   SEC. 1512. CONFIDENTIALITY OF INFORMATION. (a) System Confidentiality.— 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 Secretary under section 1509, 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 industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by Federal and State laws. (b) Nonapplicability of Certain Requirements.— 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 Secretary 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) Coordination With Other Law.— 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) Public Access to Information.— 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.

2. 2010

   Consumer Financial Protection Act of 2010

   Pub. L. 111–203 title X § 1100(3) · 124 Stat. 1376

   Substituted · 12 U.S.C. § 5111(a); 12 U.S.C. § 5111(b)(2)

   Pub. L. 111–203 substituted “Director” for “Secretary”

   Source evidence

   Code amendment note
   Subsecs. (a), (b)(2). Pub. L. 111–203 substituted “Director” for “Secretary”.

   Enacted provision · exact public law section
   (3) by 12 USC 5102 et seq. striking “Secretary” each place that term appears and inserting “Director”;

   Effective date note
   Amendment 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.

3. 2015

   Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2016

   Pub. L. 114–113 div. O title VII § 703 · 129 Stat. 2242

   Inserted · 12 U.S.C. § 5111(a)

   Pub. L. 114–113 inserted “or financial services” before “industry”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 114–113 inserted “or financial services” before “industry”.

   Enacted provision · exact public law section
   Sec. 703. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

3 of 3 references resolved to an enrolled provision