---
kind: "section"
citation: "12 U.S.C. § 5111"
title: "12"
title_heading: "Banks and Banking"
number: "5111"
heading: "Confidentiality of information"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/5111"
units:
  - "Chapter 51 — Secure and Fair Enforcement for Mortgage Licensing"
---

# §5111. Confidentiality of information

- (a) **System confidentiality—** Except as otherwise provided in this section, any requirement under Federal or [State](/usc/12/5102.md?p=11) law regarding the privacy or confidentiality of any information or material provided to the [Nationwide Mortgage Licensing System and Registry](/usc/12/5102.md?p=6) or a system established by the [Director](/usc/12/5102.md?p=10) under [section 5108 of this title](/usc/12/5108.md), and any privilege arising under Federal or [State](/usc/12/5102.md?p=11) law (including the rules of any Federal or [State](/usc/12/5102.md?p=11) 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](/usc/12/5102.md?p=11) and Federal regulatory officials with [mortgage](/usc/12/1707.md?p=a) or financial services industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by Federal and [State](/usc/12/5102.md?p=11) laws.
- (b) **Nonapplicability of certain requirements—** Information or material that is subject to a privilege or confidentiality under [subsection (a)](#a) shall not be subject to—
  - (1) disclosure under any Federal or [State](/usc/12/5102.md?p=11) law governing the disclosure to the public of information held by an officer or an agency of the Federal Government or the respective [State](/usc/12/5102.md?p=11); 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](/usc/12/5102.md?p=6) or the [Director](/usc/12/5102.md?p=10) with respect to such information or material, the [person](/usc/12/5481.md?p=19) to whom such information or material pertains waives, in whole or in part, in the discretion of such [person](/usc/12/5481.md?p=19), that privilege.
- (c) **Coordination with other law—** Any [State](/usc/12/5102.md?p=11) law, including any [State](/usc/12/5102.md?p=11) open record law, relating to the disclosure of confidential supervisory information or any information or material described in [subsection (a)](#a) that is inconsistent with [subsection (a)](#a) shall be superseded by the requirements of such provision to the extent [State](/usc/12/5102.md?p=11) 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](/usc/12/5102.md?p=4-A) that is included in [Nationwide Mortgage Licensing System and Registry](/usc/12/5102.md?p=6) for access by the public.

## Source credit

(Pub. L. 110–289, div. A, title V, § 1512, July 30, 2008, 122 Stat. 2820; Pub. L. 111–203, title X, § 1100(3), July 21, 2010, 124 Stat. 2106; Pub. L. 114–113, div. O, title VII, § 703, Dec. 18, 2015, 129 Stat. 3025.)

## Notes

### Editorial Notes

### Amendments

2015—Subsec. (a). Pub. L. 114–113 inserted “or financial services” before “industry”.

2010—Subsecs. (a), (b)(2). Pub. L. 111–203 substituted “Director” for “Secretary”.

### Statutory Notes and Related Subsidiaries

### Effective Date of 2010 Amendment

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.