HAGERTY CALLS ON BANK REGULATORS TO REFORM CONFIDENTIAL SUPERVISORY INFORMATION PRACTICES
The following information was released by
Long-overdue reforms will improve transparency and accountability in bank supervision.
In recent years, overly restrictive rules governing the sharing of CSI have been exploited to stonewall congressional oversight, impose hostile supervisory agendas on disfavored industries, and prevent banks from voluntarily disclosing information to third parties in the ordinary course of business. Reviewing and reforming these rules and practices will strengthen accountability and transparency in bank supervision.
A copy of the letter can be foundhereand below:
Under your leadership, the Administration and financial regulators have taken significant and long-overdue steps to improve the accountability and transparency of bank supervision. To further these efforts, I urge you to review and reform the rules and practices governing the disclosure of confidential supervisory information (CSI).
Confidentiality is a useful part of the supervisory process. Examiners often review proprietary business information and sensitive risk-management materials that should not be casually disclosed. An appropriate level of confidentiality facilitates candid engagement between regulators and the institutions they oversee.
However, the application of CSI rules by banking agencies and the
For example, existing rules and agency practices limit banks from sharing information with other parties, including outside counsel, auditors, consultants, third-party service providers, and potential counterparties in a merger, acquisition, or similar transaction. Under the status quo, banks are also restrained from sharing CSI with the Secretary of the Treasury.[1]This prevents supervised institutions from sharing details of their concerns with the Department, an unnecessary constraint that makes it more difficult to advance regulatory and supervisory policies.
In addition to these overly burdensome and impractical restrictions, the expansive application of CSI rules has been abused in recent years to facilitate major policies without any semblance of accountability or congressional oversight. In the worst cases, the veil of confidentiality has been exploited to disfavor lawful industries and to impose partisan policy preferences without statutory authorization.
For example, under former FDIC Chairman
Because the letters were labeled as CSI, recipient banks were effectively barred from making them public, limiting their opportunities to seek legal recourse and alert
In other instances, appeals to CSI have been exploited to stonewall congressional oversight. In 2022, a
Because supervision is conducted outside the notice-and-comment process and without formal public guidance, a baseline level of transparency is necessary to ensure that supervisors abide by the law. Confidentiality must not be exploited to block the legitimate interests of
Authorize the voluntary disclosure of CSI on a confidential basis to the Secretary of the
Examine the merits of permitting voluntary disclosure of CSI, subject to a confidentiality agreement, to relevant third parties with a legitimate need for the information, such as outside legal counsel, auditors, consultants, third-party service providers, potential counterparties to a merger, acquisition, or similar transaction, and other supervised institutions or associations of such institutions.
I appreciate your attention to this matter and look forward to working with you to improve the culture of bank supervision so that it is more transparent and accountable.


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