(a) Except as otherwise provided in Section 1512 of Title V of Public Law 110-289, known as the Secure and Fair Enforcement for Mortgage Licensing Act of 2008 or S.A.F.E. Mortgage Licensing Act of 2008, the requirements of any federal or Puerto Rico law regarding the privacy or confidentiality of any information or material furnished to the nationwide mortgage licensing system and registry, and any other privilege arising from any federal or Puerto Rico law, including the rules of any federal or Puerto Rico court regarding said information or material shall continue to apply to the information or material after it has been disclosed to the nationwide mortgage licensing system and registry. Said information or material may be shared with all federal and Puerto Rico agency officials authorized to oversee the residential mortgage industry, without losing the protections of privilege or the protections of confidentiality provided by federal and Puerto Rico laws.
(b) The information or material subject to privilege or confidentiality under subsection (a) of this section shall not be subject to:
(1) Disclosure under any federal or Puerto Rico law that regulates disclosure to the public of information under the custody of a federal or Puerto Rico government agency or official;
(2) discovery or admittance into evidence in any private civil action or administrative procedure, unless the person to whom such information or material pertains waives said privilege, in whole or in part, at his/her discretion.
(c) Any provision of law related to the disclosure of confidential information, or any information or material described in subsection (a) of this section that is inconsistent with subsection (a), shall be substituted by the provisions of this section to the extent that the law may provide for less confidentiality or privileges than this chapter.
(d) This section shall not apply to information or material related to the employment history of any licensee, or orders issued by the Commissioner to a licensee, that are included in the nationwide mortgage licensing system and registry for public access.
History —Dec. 30, 2010, No. 247, § 6.4, eff. 120 days after Dec. 30, 2010.