Guam § 36316 - Confidentiality.

§ 36316. Confidentiality.

In order to promote more effective regulation and reduce regulatory

burden through supervisory information sharing:

(a) Protections. Except as otherwise provided in Public Law 110-

289, Section 1512, the requirements under any Federal law or Guam

law regarding the privacy or confidentiality of any information or

material provided to the Nationwide Mortgage Licensing System and

Registry, 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

Nationwide Mortgage Licensing System and Registry. 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 law or Guam law.

(b) Agreements and Sharing Arrangements. For these purposes,

the Commissioner is authorized to enter into agreements or sharing

arrangements with other governmental agencies, the Conference of

State Bank Supervisors, the American Association of Residential

Mortgage Regulators, or other associations representing governmental

agencies as established by rule, regulation or order of the

Commissioner.

(c) Non-applicability of Certain Requirements. Information or

material that is subject to a privilege or confidentiality under Subsection

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(a) of this Section 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 Government 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 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.

(d) Public Access to Information. This 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, mortgage loan originators that is included in the

Nationwide Mortgage Licensing System and Registry for access by the

public.