Page:United States Statutes at Large Volume 122.djvu/2843

 12 2 STA T . 2 8 2 0PUBLIC LA W 110 – 28 9—J UL Y3 0, 2008 and d istr i bu tin g in fo r m ation b e t w een t h e D e p artment of J usti c e and the appropriate S tate agencies .SEC.15 1 2 .C ONFID EN T I AL IT Y OF INFO RM ATION. ( a ) S YSTEMCONFID ENTI AL ITY. —Ex cept as otherwise pro v ided in this section , an y re q uirement under F edera l or State law regarding the privacy or confidentiality of any information or mate - rial provided to the N ationwide M ortgage L icensing System and R egistry or a system established by the Secretary under section 1509, and any privilege arising under Federal or State law (including the rules of any Federal or State 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 and Federal regulatory officials with mortgage industry oversight authority without the loss of privilege or the loss of confidentiality protections provided by Federal and State laws. (b) NONA P PLI C A B ILITY OF CE R TAIN RE QU IREMENTS.— I nforma- tion or material that is sub j ect to a privilege or confidentiality under subsection (a) shall not be subject to— (1) disclosure under any Federal or State law governing the disclosure to the public of information held by an officer or an agency of the Federal G overnment or the respective State 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 or the Secretary with respect to such information or material, the person to whom such information or material pertains waives, in whole or in part, in the discretion of such person, that privilege. (c) COORDINATION W IT HO THER LA W .— A ny State law, including any State open record law, relating to the disclosure of confidential supervisory information or any information or material described in subsection (a) that is inconsistent with subsection (a) shall be superseded by the requirements of such provision to the extent State law provides less confidentiality or a wea k er privilege. (d) P UBLIC ACCESS TO INFORMATION.— T his 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 that is included in Nationwide Mortgage Licensing System and Registry for access by the public. SEC. 151 3 . LIA B ILITY P RO V ISIONS. The Secretary, any State official or agency, any Federal banking agency, or any organi z ation serving as the administrator of the Nationwide Mortgage Licensing System and Registry or a system established by the Secretary under section 1509, or any officer or employee of any such entity, shall not be subject to any civil action or proceeding for monetary damages by reason of the good faith action or omission of any officer or employee of any such entity, while acting within the scope of office or employment, relating to the collection, furnishing, or dissemination of information concerning persons who are loan originators or are applying for licensing or registration as loan originators. 12USC5 112 .Ap p licab ili ty . 12 USC 5111.

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