Ohio § 1121.18

§ 1121.18.

(A) The superintendent of financial institutions and the superintendent's agents and

employees shall keep privileged and confidential all information obtained by the superintendent

or the superintendent's agents or employees as a result of or arising out of the examination

or supervision of a bank or any examination conducted pursuant to the authority of section 1121.10 or 1121.11 of the Revised Code , from required reports, or because of their official position.  No person, including any person to whom the information is disclosed under the authority

of this section, shall disclose the information, except as specifically provided in

this section. (B) The superintendent of financial institutions and the superintendent's agents and

employees may disclose the information described in division (A) of this section only

as follows: (1) To the governor, director of commerce, or deputy director of commerce to enable them

to act in the interests of the public; (2) To the banking commission to enable the commission to effectively advise the superintendent

and take action on any matter the superintendent presents to the commission; (3) To financial institution regulatory authorities of this and other states, the United

States, and other countries to assist them in their regulatory duties; (4) To the directors, executive officers, agents, and parent company of the bank or other

person examined to assist them in conducting the business of the bank or other person

examined in a safe and sound manner and in compliance with law; (5) To auditors, attorneys, or similar professionals retained by the bank or trust company

to assist in conducting the business of the bank or trust company, or other person

examined, in a safe and sound manner and in compliance with the law; (6) To law enforcement authorities in connection with criminal investigations or referrals

made by the superintendent; (7) To other state and federal agencies or, in the case of a state bank, to the federal

home loan bank to which the bank belongs, as the superintendent determines necessary

and appropriate, but only under such conditions and limitations as the superintendent,

in the superintendent's sole discretion, may require. (C)(1) The information described in division (A) of this section shall not be discoverable

from any source, and shall not be introduced into evidence, except in the following

circumstances: (a) In connection with criminal proceedings; (b) When, in the opinion of the superintendent, it is appropriate with regard to enforcement

actions taken and decisions made by the superintendent under the authority of Chapters

1101. to 1127. of the Revised Code regarding a bank, trust company, or other person; (c) When litigation, penalties, or an enforcement action has been initiated by the superintendent

in furtherance of the powers, duties, and obligations imposed upon the superintendent

by Chapters 1101. to 1127. of the Revised Code; (d) When authorized by agreements between the superintendent and financial institution

regulatory authorities of this and other states, the United States, and other countries

authorized by section 1121.11 of the Revised Code ; (e) When and in the manner authorized in section 1181.25 of the Revised Code . (2) The discovery of information pursuant to division (C)(1)(b), (c), or (d) of this

section shall be limited to information that directly relates to the bank, trust company,

regulated person, or other person who is the subject of the enforcement action, decision,

penalties, or litigation. (D) A report of an examination conducted pursuant to section 1121.10 or 1121.11 of the Revised Code is the property of the division of financial institutions.  Under no circumstances may the bank or other person examined, its directors, officers,

employees, agents, regulated persons, or contractors, or any person having knowledge

or possession of a report of examination, or any of its contents, disclose or make

public in any manner the report of examination or its contents.  The authority provided in division (B)(4) of this section for use of examination

information to assist in conducting the business of the bank or other person examined

in a safe and sound manner and in compliance with law shall not be construed to authorize

disclosure of a report of examination or any of its contents in conducting business

with the examined bank's or person's customers, creditors, shareholders, or members,

or with other persons. (E) The superintendent may, in accordance with Chapter 119. of the Revised Code, adopt

rules to permit a bank, trust company, or other person to disclose the information

described in division (A) of this section in limited circumstances other than those

specified in this section. (F) Whoever violates this section shall be removed from office, shall be liable, with

the violator's bonder in damages to the person injured by the disclosure of information,

and is guilty of a felony of the fourth degree.