§ 45-7-108 — Confidentiality

(a) Notwithstanding any law to the contrary and except as otherwise provided in subsection (b), all information or reports obtained by the commissioner from an applicant, licensee, or authorized delegate, whether obtained through reports, applications, examination, audits, investigation, or otherwise, including, but not limited to, all information contained in or related to an examination, investigation, operating report, and condition report prepared by, on behalf of, or for the use of the commissioner, or financial statements, balance sheets, and authorized delegate information, are confidential and must not be disclosed or distributed outside the department by the commissioner or any officer or employee of the department, and are not open for inspection by members of the public. (b) (1) The commissioner may disclose confidential information in a manner the commissioner deems proper to: (A) Local, state, or federal agencies; and (B) The Conference of State Bank Supervisors and the Money Transmission Regulator Association; provided, that these associations have entered into confidentiality agreements with the commissioner. (2) A licensed money transmitter is entitled to access to a copy of the report of examination on the money transmitter prepared by the commissioner or the commissioner's designee. The report of examination in the possession of a licensee remains confidential and is not subject to subpoena. (3) This section does not prohibit the commissioner from disclosing to the public a list of all licensees or the aggregated financial or transactional data concerning those licensees.

Legislative History

Amended by 2023 Tenn. Acts, ch. 115, s 1, eff. 1/1/2024. Acts 1994, ch. 715, § 1; T.C.A., §45-7-208.