---
kind: "section"
citation: "12 C.F.R. § 366.13"
title: "12"
number: "366.13"
heading: "What is my obligation regarding confidential information?"
url: "https://uscodex.org/cfr/12/366.13"
---

# §366.13. What is my obligation regarding confidential information?

- (a) Neither you nor any person who performs services on your behalf may use or disclose information obtained from us or a third party in connection with an FDIC contract, unless:
  - (1) The contract allows or we authorize the use or disclosure;
  - (2) The information is generally available to the general public; or
  - (3) **We make the information available to the general public.**
- (b) **The following are examples of when your use of confidential information is inappropriate.** These examples are not inclusive.
  - (1) Disclosing information about an asset, such as internal asset valuations, appraisals or environmental reports, except as part of authorized due diligence materials, to a prospective asset purchaser.
  - (2) Disclosing a borrower's or guarantor's personal or financial information, such as a financial statement to an unauthorized party.

## Notes

### Authority

Authority: Section 9 (Tenth) of the Federal Deposit Insurance Act (FDI Act), 12 U.S.C. 1819 (Tenth); sections 12(f)(3) and (4) of the FDI Act, 12 U.S.C. 1822(f)(3) and (4); and section 19 of Pub. L. 103-204, 107 Stat. 2369.

### Source

Source: 67 FR 69991, Nov. 20, 2002, unless otherwise noted.