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C. Bank records

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  • Alaska

    Bank examiners are prohibited from disclosing information they obtain about banks' assets and liabilities, except to the Department of Commerce, Community, and Economic Development, AS 06.01.015. Records of the Department of Commerce, Community, and Economic Development obtained through the administration of laws governing examinations of financial institutions is confidential, not subject to subpoena, and may be revealed only with the consent of the Department. AS 06.01.025. Bank records pertaining to depositors and customers are confidential, with certain exceptions, including when disclosure is required by court order, or by federal or state law or regulation, or authorized by the customer. AS 06.01.028. Similarly, trust company records relating to customers are confidential, with certain exceptions including when disclosure is compelled by a court or administrative order, or required by federal or state law, or authorized by the customer. AS 06.26.610.
    Records of the Commercial Fishing and Agricultural Bank (CFAB) that are identified with, or identifiable as being derived from the records of, a specific borrower, member of the bank, or applicant for a loan are confidential and may not be disclosed except under circumstances specified in the statute (including for example, pursuant to court order, or to another lender or bank checking credit). Other bank records "may be kept confidential by the bank." AS 44.81.260. Legislative auditors may not disclose information acquired during the course of an audit of the bank concerning the particulars of the business or affairs of a borrower of the bank or another person. AS 44.81.280.

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  • Arizona

    All records of the State Banking Department are not public records and cannot be disclosed except to certain specified persons.  A.R.S. § 6-129.

    But A.R.S. § 6-129.01 provides that all documents filed by enterprises with the State Banking Department are open to public inspection, except for any information the superintendent determines in his judgment must be withheld for the public welfare or for the welfare of the financial enterprise.  An “enterprise” is defined as any person under the jurisdiction of the department other than “banks, trust companies, savings and loan associations, credit unions, consumer lenders, international banking facilities and financial institution holding companies” under the department’s jurisdiction. See A.R.S. §§ 6-101(6), (8).

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  • Arkansas

    Certain records of the State Bank Department “shall be confidential and shall not be exhibited or revealed to the public,” including bank examination reports filed with the department, records reflecting information obtained from bank examinations, reports revealing “facts concerning a financial institution, a capital development corporation, or [their] customers,” and personal financial statements submitted to the department. Ark. Code Ann. § 23-46-101(a). Similar provisions apply to records of the State Bank Department concerning trust companies. Ark. Code Ann. § 23-51-187. Banking records of government bodies and other entities subject to the FOIA are generally open. See Ark. Op. Att’y Gen. No. 91-051. Compare Ark. Op. Att’y Gen. No. 2003-064 (records in possession of a bank concerning credit cards issued to state employees for travel expenses probably would not be subject to disclosure under the FOIA).

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  • California

    Generally exempt from disclosure. See Gov’t Code § 6254(d).

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  • Colorado

    Closed. Information furnished by banks to the State Division of Banking, the bank commissioner, or the banking board is confidential under Colo. Rev. Stat. §§ 11-2-111(1) and 11-2-111.5.

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  • Connecticut

    Conn. Gen. Stat. §36a-42 states that a financial institution may not disclose any financial records relating to a customer unless the customer or his agent authorizes disclosure or unless it is in response to certain legal procedures (i.e. a subpoena or court order). See also Conn. Gen. Stat. §36a-44 (exceptions re: confidential treatment of customer records).

    There are no reported court decisions on the issue of whether a bank is a "public agency" within the meaning of Conn. Gen. Stat. §1-200(1). See Records Outline at II.A.2.h and j (certain financial records held by a public agency are exempt from disclosure).

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  • Delaware

    If they meet the definition of public records, bank records are not exempt. However, the Act permits redaction of bank account numbers and other sensitive information. Del. Op. Att'y Gen., No. 06-ib17 (Aug. 21, 2006).

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  • District of Columbia

    To the extent disclosure is prohibited by federal or other D.C. law, information may be withheld under D.C. Code Ann. § 2-534(a)(6). The financial information and trade secret exemption, D.C. Code Ann. § 2-534(a)(1), also might apply.

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  • Georgia

    The Act exempts from disclosure to the general public an individual's "bank account information,” O.C.G.A. § 50-18-72(a)(20), and the “bank account information” of public employees, § 50-18-72(a)(21).  The Act also exempts the “bank account information” but not the names of public transit card holders. § 50-18-72(a)(30).

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  • Hawaii

    Individuals have a "significant privacy interest" in "information describing [their] finances, income, assets, liabilities, net worth, bank balances, financial history or activities, or credit worthiness." Haw. Rev. Stat. § 92F-14(b)(6). The Supreme Court of Hawaii has recently strengthened the once questionable protection from disclosure of personal information, including bank records, in the possession of financial institutions and other third parties. In State v. Walton, 133 Hawai‘i 66, 324 P.3d 876 (2012), the court abrogated a prior decision by the Hawaii Intermediate Court of Appeals (ICA), State v. Klattenhoff, 71 Haw. 598, 801 P.2d 548 (1990), where the ICA had held that there is no reasonable expectation of privacy in personal bank records. Id. at 606, 801 P.2d at 552. The Walton court specifically rejected the lower court’s contention that, when information is disclosed to a third party, it is necessarily placed outside of protection of privacy afforded by article 1, section of 7 of the Hawaii Constitution. Walton, 133 Hawai‘i at 91, 324 P.3d at 901. Rather, according to the court, “the protection afforded to information disclosed to a third party must be determined by examining whether an individual reasonably expected such information to remain private as to others and whether society would view such expectation as reasonable.” Id., 324 P.3d at 901.

    However, in the pre-UIPA case of Nakano v. Matayoshi, 68 Haw. 140, 706 P.2d 814 (1985), the court upheld a county ethics commission requirement that regulatory employees disclose their financial records by noting that "the expectation of financial privacy of public 'officials having significant discretionary or physical powers' is not protected to the same extent as that of other citizens." Id. at 149, 706 P.2d at 819.

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  • Idaho

    An individual’s personal bank records, by definition, do not fall within the provisions of Idaho’s public records act. The provisions of Idaho Code § 74-107(5) exempt certain financial reports prepared by or supplied to any public agency or independent public body corporate and politic responsible for the regulation or supervision of financial institutions.

    One exception to this rule is found under the unique circumstances presented in Henry v. Taylor, 152 Idaho 155, 267 P.3d 1270 (2012). There, the Idaho Supreme Court held that private bank records of a county prosecuting attorney were public records under the Public Records Act because the performance of the prosecuting attorney’s contract with the county was one of prosecuting attorney’s statutory duties, entering into the contract required unanimous consent of county commissioners and, significantly, payments under the contract were made directly to the prosecuting attorney’s private bank account, rather than county auditor.

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  • Illinois

    Bank records pertaining to public bodies, are open unless a specific exemption applies. Section 7(1)(t) closes data on regulation of financial institutions. See 5 ILCS 140/7(1)(t).  Financial information that a public body has obtained from a person or business which was furnished under a claim of privilege or confidentiality and which would cause competitive harm to the person or business is also exempt from disclosure.  5 ILCS 140/7(1)(g).

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  • Indiana

    Bank records of a public agency are subject to disclosure under the general provisions of the statute. Bank records of private entities may be disclosed if they are “filed with or received by a public agency pursuant to state statute.” Ind. Code § 5-14-3-4(a)(5).

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  • Iowa

    “The superintendent, members of the state banking council, general counsel, examiners, or other employees of the banking division shall not disclose, in any manner, to any person other than the person examined and those regulatory agencies referred to in section 524.217, subsection 2, any information relating specifically to the supervision and regulation of any state bank, persons subject to the provisions of chapter 533A, 533C, 536, or 536A, any affiliate of any state bank, or an affiliate of a person subject to the provisions of chapter 533A, 533C, 536, or 536A, except when ordered to do so by a court of competent jurisdiction and then only in those instances referred to in section 524.215, subsection 2, paragraphs “a”, “b”, “c”, “e”, and “f”.”  Iowa Code § 524.212. See also 75 Op. Att'y Gen. 370, 371 (January 4, 1974) (Superintendent may respond to subpoena in proceeding in which FDIC is party).

    Iowa Code § 524.215 further addresses confidentially of bank records:

    a. "1. All records of the department of banking shall be public records subject to the provisions of chapter 22 [open records law], except that all papers, documents, reports, reports of examinations and other writings relating specifically to the supervision and regulation of any state bank or other person by the superintendent pursuant to the laws of this state shall not be public records and shall not be open for examination or copying by the public or for examination or publication by the news media.

    2. The superintendent, deputy superintendent, assistants or examiners shall not be subpoenaed in any cause or proceeding to give testimony concerning information relating specifically to the supervision and regulation of any state bank or other person by the superintendent pursuant to the laws of this state, nor shall the records of the banking division which relate specifically to the supervision and regulation of any such state bank or other such person be offered in evidence in any court or subject to subpoena by any party except, where relevant:

    a. In such actions or proceedings as are brought by the superintendent;

    b. In any matter in which an interested and proper party seeks review of a decision of the superintendent;

    c. In any action or proceeding which arises out of the criminal provisions of the laws of this state or the United States;

    d. In any action brought as a shareholders derivative suit against a state bank or other entity regulated by the superintendent;

    e. In an action brought to recover moneys for a loss in connection with an indemnity bond which was a result of embezzlement, misappropriation, or misuse of state bank funds by a director, officer, or employee of the state bank.

    f. In an action brought to recover moneys for a loss in connection with an indemnity bond which was a result of embezzlement, misappropriation, or misuse of funds, belonging to an entity regulated by the superintendent, by a director, officer, or employee of the entity.”

    The Iowa Department of Revenue and Finance has its own provisions.  Iowa Code § 421.17(7) states: “No bank may be required to divulge to the director information about the property of a person when that information was obtained as a part of a business transaction with the bank, in the ordinary course of bank business, and the information was necessary and proper to the discharge of the duty of the bank.”

    It is unlawful for the director or others to divulge information concerning the business affairs, income, etc., of any person examined pursuant to Chapter 422. Iowa Code § 422.72(1).  Disclosure that a named individual has filed a return is not prohibited. 76 Op. Att'y Gen. 679 (July 27, 1976). See also Iowa Code § 422.20 (applying to present and former state employees); and 81 Op. Att'y Gen. 302, 305, 2081 WL 37148 (Nov. 25, 1981) (purpose of confidentiality "to promote accurate and complete reporting of information to the agency by insuring to the taxpayer that the agency will not disclose any secrets.").

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  • Kansas

    K.S.A. 9-1712 provides for the confidentiality of all information gathered or recorded by the bank commissioner in the investigation or examination on any bank. Kan. Att’y Gen. Op. 1983-112. See also 1978-67 which states that only those records derived from examination of a bank pursuant to K.S.A. 9-804 are confidential. Information contained in articles of incorporation and the application for a certificate of authority are open for inspection. Id.

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  • Kentucky

    Private bank records or account numbers may be withheld or redacted under the personal privacy exemption, Ky. Rev. Stat. 61.878(1)(a). See 98-ORD-7. A public agency’s bank records are generally open, but account numbers may be redacted under the reasoning that disclosure of the account numbers could put public money at risk of theft, constituting an “unreasonable burden” to the public agency under Ky. Rev. Stat. 61.872(6). See 16-ORD-012.

    Public records that reveal the audit criteria or internal examining methods of public agencies that regulate financial institutions are exempt. See Ky. Rev. Stat. 61.878(1)(e).

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  • Louisiana

    Bank examination records are exempt. La. Rev. Stat. Ann. § 44:4(4). See also Op. Att'y Gen. Jan. 31, 1974. So are bank shareholder records. Op. Att'y Gen. Nov. 5, 1965.

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  • Maine

    Information obtained in any fashion by the Superintendent of Banking pertaining to supervised financial institutions is confidential. 9-B M.R.S.A. § 226. Applications for a charter, merger, branch, acquisition, subsidiary formation, name change or other similar request are available for public inspection, but any confidential material regarding the applicant must be deleted from the public copy. Id. at § 252.

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  • Maryland

    These records are closed pursuant to § 4-336(b). This exemption does not apply to the person in interest, § 4-336(c), nor does it apply to the salary of a public employee. § 4-336(a).

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  • Michigan

    Bank examiners' manuals and minutes of the Financial Institutions Bureau supervisory examiners meetings are subject to disclosure under the FOIA, because Mich. Comp. Laws Ann. § 15.241(1)(c) requires state agencies to publish and make available to the public "written statements that implement or interpret laws, rules or policy," although the Bureau may delete exempt material when making such disclosures. 1979-80 Op. Att'y Gen. at 289-90.

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  • Montana

    Open unless the demands of individual privacy clearly exceed the merits of public disclosure.

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  • Nebraska

    The public records statutes provide no access to records in the possession of a bank, as a bank is generally not considered to be part of government. To the extent bank records are in the possession of some governmental agency other than the Department of Banking, they may be withheld from the public if an exception described in Neb. Rev. Stat. §84-712.05 applies. The name of a depositor or debtor of a bank and the amount of his deposit or debt to anyone may not be disclosed by the Nebraska Department of Banking and Finance, except that the department may give information regarding a borrower's total indebtedness to any bank owning obligations of the borrowers. Neb. Rev. Stat. §8-112 (Cum. Supp. 2017).

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  • Nevada

    Many bank records are closed by statute.

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  • New Hampshire

    Bank examiner report held to be exempt. Appeal of Portsmouth Trust Co., 120 N.H. 753 (1980).

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  • New Jersey

    Semi-annual reports of a state-chartered bank are public records. N.J.S.A. 17:9A-256. Special reports of state-chartered banks required to be filed by the Commissioner of Banking are not. N.J.S.A. 17:9A-264. Annual reports and audits of state-chartered savings and loans are public records. N.J.S.A. 17:12B-171. Reports of examinations of savings and loans by the Commissioner are confidential. N.J.S.A. 17:12B-172. Annual reports of the condition of state-chartered credit unions are public records. N.J.S.A. 17:13-111. See Twiss v. State of New Jersey Dept. of Treasury, 124 N.J. 461, 591 A.2d 913 (1991) (information regarding bank accounts which escheat to the state is confidential).

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  • New Mexico

    Governmental bank records in the possession of the state are presumably public.  See NMSA 1978 § 14-2-6(G) (2013).  Private records in the possession of a bank or financial institution are probably not available.

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  • North Carolina

    Records of official acts, rulings and transactions of the North Carolina Commissioner of Banks are public records pursuant to the Public records law and pursuant to North Carolina General Statute § 53-99. However, certain bank records are confidential, including records of audits and examinations, records that disclose the names of borrowers, and records relating to complaints that may result in an investigation. G.S. §§ 53-99, 53-125, 53-42.1.

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  • North Dakota

    Please see the discussion of statutory exemptions, outlined above.

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  • Ohio

    Bank records are public records when possessed by a public office. State ex rel. Plain Dealer Publishing Co. v. Lesak, 9 Ohio St. 3d 1, 457 N.E.2d 821 (1984). However, the bank or public office may claim that bank records contain business or financial "trade secrets" that are exempt from mandatory disclosure. See State ex rel. Allright Parking Co. v. City of Cleveland, 63 Ohio St. 3d 772, 591 N.E.2d 708 (1992).

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  • Oklahoma

    The State Banking Department is prohibited from disclosing records except those designated as public records which include applications for bank charters, records introduced at public hearings on applications, information disclosing the failure of a bank, reports of completed investigation into bank fund shortages, names of bank stockholders and officers filed with the Secretary of State and regular financial call reports. Other records may be divulged by the Commissioner after receipt of a written request. 6 O.S. § 208. The same level of confidentiality applies to credit union records which are kept by the State Banking Department. 6 O.S. § 2027. Banks are not public bodies under the ORA and are therefore not subject to its disclosure requirements, 2001 OK AG 29.

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  • Oregon

    Banking division reports and deposit information are governed by ORS 706.720 and 706.730. There are similar provisions to savings and loan associations under ORS 722.419. Certain limits concerning depositor information are set forth in ORS 192.550.

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  • Rhode Island

    No specific exemption. Bank records which constitute financial information of a privileged or confidential nature fall within the scope of Exemption (A) of R.I. Gen. Laws § 38-2-2(4)(i)(A).

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  • South Carolina

    Bank records relating to applications for charters are closed. S.C. Code Ann. § 30-4-40(c). Bank records containing financial information of a public body, such as checks or vouchers, are specifically declared public information. S.C. Code Ann. § 30-4-50(A)(6).

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  • South Dakota

    Personal bank records are closed. SDCL §§1-27-1.5 (10), (16), (22), and 1-27-1.6. Division of banking records open, subject to director’s discretion or federal law. SDCL §51A-2-35. Bank statements of condition are published. SDCL §51A-13-2.

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  • Tennessee

    Many such records are generally closed. See generally T.C.A. § 45-2-103(a)(3)(C) (information obtained by the Commissioner of Financial Institutions when acting upon application for change of control of a bank is confidential); T.C.A. §§ 45-2-1603(a), 45-2-1713 (criminal penalty for disclosure of conditions of bank), 45-3-814, 45-7-225 (information obtained by bank examiner when examining the affairs of a bank or savings and loan is confidential); T.C.A. §  45-2-1717 (violations of banking laws reported by Commissioner of Department of Financial Institutions are confidential even when transmitted to district attorney); T.C.A. §§ 45-3-807, 45-3-814, 45-3-1308 (savings and loan associations may decline to disclose their records except under certain circumstances); T.C.A. § 45-7-117 (reports of investigation and examination conducted by Commissioner of Financial Institutions on issuers of money orders are confidential); T.C.A. § 45-7-216 (information contained in examinations, reports, applications, credit, investments, financial statements, and balance sheets is confidential). See also, T.C.A. § 10-7-504(r)

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  • Texas

    Banks and similar financial institutions usually are not considered “governmental bodies,” so their records generally are not subject to the Act. Tex. Att’y Gen. ORD-1 (1973). The exception further protects from public disclosure some of the information generated by governmental bodies during their regulation and supervision of financial institutions. See Tex. Gov’t Code § 552.112(c) (stating that statistical or demographic information submitted to the Texas Legislative Council or to any state agency overseen by The Finance Commission of Texas is exempt from disclosure); Tex. Att’y Gen. ORD-446 (1986) (stating that reports pertaining to the financial condition of a credit union not otherwise intended for publication are exempt from disclosure).

    However, some information on financial institutions has been made public under the Act or under other Texas laws. For example, information provided by banks to the local tax assessor-collector regarding the identity and address of bank stockholders, as well as the size and value of their stockholdings, was found to be specifically public under state tax laws. Tex. Att’y Gen. ORD-39 (1974). Likewise, while the Texas Savings and Loan Department’s investigative reports and orders regarding a particular savings and loan institution were found to be exempt from public disclosure under a specific provision of the Texas Savings and Loan Act, the public was entitled to the department’s general report concerning the conditions of the industry where a particular savings and loan was not identified. Tex. Att’y Gen. ORD-483 (1987). Insurance companies have been held not to be “financial institutions” for purposes of establishing this particular exception to disclosure. Birnbaum v. Alliance of Am. Insurers., 994 S.W.2d 766, 772-73 (Tex. App. ––Austin 1999, pet denied) (abrogated on other grounds by In re Bass, 113 S.W.3d 735 (Tex. 2003)).

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  • Utah

    1. The Department of Financial Institutions’ orders, reports, and other information are confidential, are not public records, and are not open to public inspection. See Utah Code § 7-1-802(2). Exceptions to this rule are set forth in the statute. See id. § 7-1-802(3).

    2. All notices, records, and other information regarding possession of an institution by the Commissioner of the Department of Financial Institutions may be kept confidential, and all court records relating to the commissioner’s possession may be sealed from the public under certain enumerated circumstances. See id. § 7-2-6(1)(b).

    3. Every shareholder of a bank has the right to inspect a bank’s books and records. See id. § 7-3-39. A shareholder may be allowed access to “records pertaining solely to the deposits, borrowings, or other financial transaction of a particular customer” under certain enumerated conditions. Id.

    4. Communications and writings which relate to trust business conducted by banks, savings and loan companies, and other trust companies shall be kept “inviolate.” Id. § 7-5-6.

    5. Upon application by any person, the Department of Financial Institutions may exercise its regulatory powers. The information furnished by the applicant and the findings of the Department’s investigations are open to the public, except those portions designated as confidential to prevent “a clearly unwarranted invasion of privacy.” Id. § 7-1-706(3)(b).

    6. Meetings of the Board of Financial Institutions and records of its proceedings are open to the public, except for discussions of confidential information pertaining to a particular financial institution. See id. § 7-1-203(5)(e).

    7. Except for a select group of government entities, “an individual acting on behalf of a governmental entity may not request, obtain by subpoena, or otherwise obtain information from a state or federally chartered financial institution that constitutes a record reflecting the financial condition of any person without first obtaining: (a) written permission from all account holders of the account referenced in the record to be examined; or (b) an order from a court of competent jurisdiction permitting access to the record.” Id. § 7-1-1001(2).

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  • Vermont

    “Account numbers for bank, debit, charge, and credit cards held by an agency or its employees on behalf of the agency” are exempt from disclosure.  V.S.A. § 317(c)(33).

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  • Virginia

    Examination reports and information furnished to the State Corporation Commission concerning any bank, savings institution or credit union, disclosure of which could endanger the safety or soundness of the entity -- other than those required by law to be made public -- are open only to specifically identified officials. Va. Code Ann. § 6.2-101. Banks, however, must report their financial condition periodically to the State Corporation Commission. Va. Code Ann. § 6.2-907.

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  • Washington

    Examination reports and examination information obtained by the supervisor of banking are confidential under RCW 30.04.075. However, investigation reports concerning applications for new banks are public. RCW 30.04.075(7). Examination reports and information obtained by the department of financial institutions from banks, other financial institutions and securities brokers and investment advisers is confidential and exempt from public disclosure. RCW 42.56.400(6).

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  • West Virginia

    Most bank records — and particularly "[i]nformation contained in or related to examination, operating or condition reports prepared by, or on behalf of, or for the use of any" banking regulatory agency — are exempt from disclosure under Exemption 7 of the FOIA, as well as the specific statutes discussed above.

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  • Wyoming

    Subject to public interest classification by the state examiner's rules. Wyo. Stat. § 13-3-505 (1977).

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