209 CMR, § 18.26 - Confidentiality

(1) All records of investigations and reports of examinations, including workpapers, information derived from the reports and responses to the reports, and any copies thereof in the possession of a licensee, or registered third party loan servicer under the supervision of the Commissioner, shall be confidential and privileged communications;

(2) Records of investigation and reports of examinations include records of investigation and reports of examinations conducted by the Commissioner as well as those conducted by a financial regulatory agency of the federal government, another state, or a foreign government that are considered confidential by the agency or foreign government and are in the possession of the Commissioner;

(3) Copies of the reports of examination furnished to a licensee or registrant are for the licensee or registrant's use only and shall not be exhibited to any other person, organization, or agency without prior written approval by the Commissioner;

(4) The Commissioner may furnish information, reports and statements relating to the licensees or registrants under the Commissioner's supervision to regulatory agencies of the federal government, other states, and foreign countries and to law enforcement agencies as considered appropriate;

(5) The confidentiality provisions of this section are not applicable to the records provided by the Division of Banks to the student loan ombudsman, for the purposes of the student loan ombudsman annual report filed pursuant M.G. L. c. 12, § 35(c).

Notes

209 CMR, § 18.26

Adopted by Mass Register Issue 1448, eff. 7/1/2021. Amended by Mass Register Issue 1452, eff. 9/17/2021.