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OCC Rules Regarding the Availability of OCC Information

AI Analysis

The OCC issued a proposed rule on 2026-08-05 to revise 12 CFR part 4 and related rules governing access to and disclosure of OCC information, including a new category of “confidential supervisory information” (CSI) and streamlined FOIA procedures. The proposal matters because it would expand limited information-sharing exceptions while tightening the framework around non-public OCC information, disclosure safeguards, and expedited FOIA processing.

Key dates

2026-08-05
OCC published the proposed rule in the Federal Register (91 FR 50610)
2026-10-05 Deadline
Comment period closes for the proposed rule

Suggested considerations

  • Compliance teams may wish to map which internal records fall into the proposed CSI category and compare current disclosure controls against the new exceptions and safeguard requirements.
  • Supervised entities may wish to review any confidentiality agreements and onward-sharing practices to determine whether they would satisfy the proposed conditions for permitted CSI disclosures.
  • Legal and FOIA teams may wish to update request-handling workflows for expedited processing requests, fee-waiver appeals, and request tracking once the rule is finalized.
  • Banks and other recipients of OCC information may wish to reassess litigation, government-reporting, and interaffiliate sharing procedures to ensure they align with the revised disclosure framework.
  • Firms may wish to submit comments by the close of the comment period if the proposed CSI scope, disclosure exceptions, or FOIA procedures would affect their supervisory, legal, or records-management processes.

What changed

The proposal would restructure the OCC’s information-disclosure rules in 12 CFR part 4 and make conforming changes in parts 5, 7, 21, and 163. It would create a new subcategory of non-public OCC information called confidential supervisory information (CSI), clarify when supervised entities and other recipients may disclose CSI without prior OCC approval, and require applicable safeguards and, in some cases, qualifying confidentiality agreements. The OCC also proposes to permit certain disclosures of CSI in limited circumstances to support business efficiency, government accountability, and supervisory coordination, and to provide for the release of certain aged CSI. The proposal clarifies the OCC’s position on criminal referrals for unauthorized disclosure of OCC information. On the FOIA

Compliance impact

This is a significant consultation rather than a final rule, but it signals meaningful changes to how OCC supervisory information may be classified, shared, and protected. The OCC indicates that unauthorized disclosure remains tightly controlled and that the rule would preserve enforcement consequences while adding new, limited disclosure pathways and more structured FOIA handling.

Who is affected

  • National banks supervised by the OCC
  • Federal savings associations supervised by the OCC
  • Bank holding companies and savings and loan holding companies that receive OCC supervisory information
  • Other recipients of OCC non-public information, including third parties and government agencies
  • FOIA requestors seeking OCC records or nonexempt information
  • 12 CFR Part 4
  • 12 CFR Parts 5, 7, 21, and 163
  • FOIA, 5 U.S.C. 552
  • 12 U.S.C. 1818(u)

AI-generated analysis. May contain errors or omissions — verify with the original OCC source before acting. Full disclaimer.

What the OCC said

Notice of proposed rulemaking. The Office of the Comptroller of the Currency (OCC) is proposing changes to its rules on information disclosure. The proposal would clarify the process for obtaining OCC approval to disclose non- public OCC information and allow for the disclosure of confidential supervisory information…

Extract from OCC . Read the full notice at the source for the authoritative text.

Relevant Firm Types

BankAll Firms
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