§ 54B-63. Confidential information. - North Carolina Statutes

§ 54B‑63.  Confidentialinformation.

(a)        The followingrecords or information of the Commission, the Commissioner of Banks or theagent(s) of either shall be confidential and shall not be disclosed:

(1)        Information obtainedor compiled in preparation of or anticipation of, or during an examination,audit or investigation of any association;

(2)        Informationreflecting the specific collateral given by a named borrower, the specificamount of stock owned by a named stockholder, or specific withdrawable accountsheld by a named member or customer;

(3)        Informationobtained, prepared or compiled during or as a result of an examination, auditor investigation of any association by an agency of the United States, if therecords would be confidential under federal law or regulation;

(4)        Information andreports submitted by associations to federal regulatory agencies, if therecords or information would be confidential under federal law or regulation;

(5)        Information andrecords regarding complaints from the public received by the Division whichconcern associations when the complaint would or could result in aninvestigation, except to the management of those associations;

(6)        Any other letters,reports, memoranda, recordings, charts or other documents or records whichwould disclose any information of which disclosure is prohibited in thissubsection.

(b)        A court ofcompetent jurisdiction may order the disclosure of specific information.

(c)        The informationcontained in an application shall be deemed to be public information.Disclosure shall not extend to the financial statement of the incorporators norto any further information deemed by the Commissioner of Banks to beconfidential.

(d)        Nothing in thissection shall prevent the exchange of information relating to associations andthe business thereof with the representatives of the agencies of this State,other states, or of the United States, or with reserve or insuring agencies forassociations. The private business and affairs of an individual or companyshall not be disclosed by any person employed by the Savings InstitutionsDivision, any member of the Commission, or by any person with whom informationis exchanged under the authority of this subsection.

(e)        Any official oremployee violating this section shall be liable to any person injured bydisclosure of such confidential information for all damages sustained thereby.Penalties provided shall not be exclusive of other penalties. (1981, c. 282, s. 3; 1989, c.76, s. 21; 2001‑193, s. 16.)