17 C.F.R. § 230.122

Non-disclosure of information obtained in the course of examinations and investigations

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Information or documents obtained by officers or employees of the Commission in the course of any examination or investigation pursuant to section 8(e) or 20(a) (48 Stat. 80, 86; 15 U.S.C. 77h(e), 77t(a)) shall, unless made a matter of public record, be deemed confidential. Except as provided by 17 CFR 203.2, officers and employees are hereby prohibited from making such confidential information or documents or any other non-public records of the Commission available to anyone other than a member, officer or employee of the Commission, unless the Commission or the General Counsel, pursuant to delegated authority, authorizes the disclosure of such information or the production of such documents as not being contrary to the public interest. Any officer or employee who is served with a subpoena requiring the disclosure of such information or the production of such documents shall appear in court and, unless the authorization described in the preceding sentence shall have been given, shall respectfully decline to disclose the information or produce the documents called for, basing his or her refusal upon this section. Any officer or employee who is served with such a subpoena shall promptly advise the General Counsel of the service of such subpoena, the nature of the information or documents sought, and any circumstances which may bear on the desirability of making available such information or documents.

[44 FR 50836, Aug. 30, 1979, as amended at 53 FR 17459, May 17, 1988; 54 FR 33501, Aug. 15, 1989; 76 FR 71876, Nov. 21, 2011]
Notes of Decisions
Cited in 4 cases, 1971–1996 · leading case: In re LTV Sec. Litig., 89 F.R.D. 595 (N.D. Tex. 1981).
In re LTV Sec. Litig., 89 F.R.D. 595 (N.D. Tex. 1981). “17 C.F.R. §§ 230.122 , 240.0-4; see 15 U.”
United States v. Alex. Brown & Sons, Inc., 169 F.R.D. 532 (S.D.N.Y. 1996). “See 17 C.F.R. 230.122; 17 C.F.R. 240.0-4; 44 U.”
Hunter v. Sec. Exch. Comm'n, 879 F. Supp. 494 (E.D. Pa. 1995). “§ 78u(h)(1) (generally making Right to Financial Privacy Act applicable to SEC); 17 C.F.R. § 230.122 (limiting disclosure of non-public information obtained by SEC agents in course of investigation).”
Willard J. Lamorte v. Hon. Walter R. Mansfield, Judge of the United States Dist. Court for the S. Dist. of New York, 438 F.2d 448 (2d Cir. 1971). “See 17 C.F.R. § 230.122 for the virtually identical regulation under the 1933 Act.”
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