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Understanding Civil Investigative Demand Confidentiality and Non-Disclosure Rules
Understanding Civil Investigative Demand Confidentiality and Non-Disclosure Rules
Based on the search results, here is a summary of key information about understanding civil investigative demand (CID) confidentiality and non-disclosure rules:A CID is a type of subpoena used by government agencies like the DOJ and FTC to compel the production of documents or testimony related to an investigation. Information provided in response to a CID may be considered confidential.There are two main categories of confidential information with different protections:
- Confidential supervisory information (CSI): Includes examination reports and other supervisory materials prepared by agencies like the CFPB. Has heightened confidentiality protections.
- Confidential investigative information: Broadly includes any information “prepared by” an agency for law enforcement purposes. Protections are less clear cut.
The confidentiality rules for CIDs have been ambiguous regarding whether basic information like the existence of an investigation can be disclosed. After confusion, the CFPB clarified that confidentiality does not cover the fact that a CID was received or that an investigation exists.Agencies like the DOJ have policies to protect confidential business information provided in response to CIDs, such as by filing documents under seal. However, they cannot guarantee that confidential data will be kept from the public record or not used in complaints.If confidential materials must be disclosed, agencies aim to notify companies ahead of time and limit exposure as much as possible. But advanced warning is not assured.Companies can negotiate the scope of CID production if the demands seem overly broad. They also have limited avenues to fight disclosure of privileged or protected information. However, courts are generally deferential to agencies’ investigative authority.So in summary – CID confidentiality rules offer uncertain protections, but agencies try to shield sensitive business data, with some room for recipients to narrow demands. Consulting experienced legal counsel is essential when handling CIDs.