On June 25, 2026, the FDIC Board of Directors approved a notice of proposed rulemaking to amend Part 309 of its regulations governing the disclosure of confidential information by the FDIC and other entities. The proposed rule would update, clarify, and supplement the FDIC's regulations regarding the disclosure of confidential information by the FDIC and other parties without seeking prior authorization from the FDIC.
According to the FDIC press release, the amendment would provide additional flexibility for insured depository institutions (IDIs) by expanding their ability to share confidential information without prior FDIC approval. Existing FDIC regulations require IDIs to obtain the agency's express consent before sharing confidential FDIC data with external entities, such as legal counsel, accountants, or auditors. Under the proposed amendments, IDIs would gain the authority to disseminate this information to these and other specified third parties without prior agency authorization, provided the disclosure serves a legitimate business necessity. In addition, the proposal aims to simplify the procedural framework for the FDIC’s discretionary release of nonpublic information.
Comments on the proposed rule will be accepted through August 31, 2026.
Read the FDIC’s announcement here.
The proposed rule can be found here.