source:
  type: guide
  id: fnma-sel-a3-4-01
  authority: Fannie Mae Selling Guide A3-4-01 — Confidentiality of Information
  description: Fannie Mae Selling Guide A3-4-01 — Confidentiality of Information.
  coverage_tier: operative
obligations:
- id: fnma-sel-a3-4-01-full
  canonical_id: fnma-sel-a3-4-01-full
  section: Fannie Mae Selling Guide A3-4-01 — Confidentiality of Information
  type: do
  tags:
  - regulator-direct
  - fnma
  - selling-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Fannie Mae Selling Guide A3-4-01 — Confidentiality of Information
    source_class: fnma-guide
    source_url: https://singlefamily.fanniemae.com/media/document/pdf/selling-guide
    snapshot_id: 5f7b8b79da595d76
    fetched_at: '2026-05-25T14:09:57Z'
    content_hash: sha256:98cf85a02861bbe84914a0e339b327c8fc131869a8a573882007bbeea60c5701
    paragraph_quote: 'A3-4-01, Conﬁdentiality of Information (02/05/2025) Introduction
      Published May 6, 2026 120 This topic contains the following: General Requirements
      Information Security Program Loan Quality, Loan Performance Data and NPI Feedback
      on New Products, Product Upgrade, or New Service Oﬀering Speciﬁc Transactions
      or Dealings Fannie Mae Obligations Exclusions from Conﬁdential Information General
      Requirements A seller/servicer often obtains conﬁdential information about borrowers,
      security property, Fannie Mae technologies, products or services and Fannie
      Mae’s business when performing underwriting, origination, selling, servicing,
      or other activities under the Lender Contract or when previewing technologies,
      products or services (“Conﬁdential Information”). Conﬁdential Information includes
      nonpublic personal information (NPI) and all of the following: information relating
      to technical speciﬁcations; product development strategy and activity; pricing
      and ﬁnancial information; designs; unpublished patent applications; inventions;
      improvements; writings and other works of authorship; trade secrets; drawings;
      models; software (including source code and object code), algorithms, and ﬂow
      charts; and other documentation; all other conﬁdential, proprietary, or trade
      secret information which a reasonable person would recognize as such, or which
      is speciﬁcally designated as conﬁdential; and any compilation or summary of
      the foregoing when disclosed by or on behalf of Fannie Mae to the seller/servicer.
      The following table describes Fannie Mae’s requirements related to Conﬁdential
      Information. Published May 6, 2026 121 ✓ The seller/servicer must... Take appropriate
      steps to ensure the security, integrity, and conﬁdentiality of Conﬁdential Information.
      Comply with all relevant applicable laws and regulations, including laws protecting
      borrower privacy. Not disclose Conﬁdential Information to third parties, without
      Fannie Mae’s prior written approval, except on a need-to-know basis to the seller/servicer’s
      partners, aﬃliates, oﬃcers, employees, directors, contractors, counsels, agents,
      or representatives, provided they are subject to conﬁdentiality obligations
      at least as stringent as those set forth in this topic. Note: These restrictions
      do not apply to the extent the seller/servicer is required to disclose the Conﬁdential
      Information by applicable law, provided that the seller/servicer • uses all
      reasonable eﬀorts to give Fannie Mae notice at least ten business days prior
      to such disclosure; and • discloses only that portion of the Conﬁdential Information
      that the seller/servicer’s legal counsel determines is legally required to be
      furnished, and request that the information remain conﬁdential. The requirement
      to provide Fannie Mae notice is waived if the seller/servicer • is required
      by law to disclose in conﬁdence Conﬁdential Information in response to requests
      from a governmental agency, regulator, or self-regulatory authority that has
      authority to regulate or oversee the seller/servicer’s business (including bank
      examiners, securities examiners, and regulators’ inspector general oﬃces); and
      • formally requests that the information be treated in conﬁdence and exempt
      from the Freedom of Information Act (FOIA) and other open records laws requests.
      Not use Conﬁdential Information in any way that could be viewed as • a conﬂict
      of interest • a breach of conﬁdentiality or privacy, or • the gaining of an
      unfair advantage from the seller/servicer’s relationship with Fannie Mae. Employ
      methods for securely disposing or destroying Conﬁdential Information. Implement
      commercially reasonable measures meeting or exceeding industry standards to
      ensure the security, integrity, and conﬁdentiality of Conﬁdential Information
      which, at a minimum must meet the requirements outlined in the Supplement. Promptly
      notify Fannie Mae in accordance with the requirements in the Supplement. Published
      May 6, 2026 122 The seller/servicer must have the borrower’s authorization to
      disclose borrower NPI, unless permitted by applicable law, and may disclose
      information about a borrower’s payment history to a third party if the borrower
      submits written authorization. The information disclosed must be accurate, complete,
      and easily understandable. Fannie Mae may seek immediate equitable relief to
      enjoin any unauthorized use or disclosure of Conﬁdential Information, in addition
      to all other rights and remedies it may have at law or otherwise. Information
      Security Program The seller/servicer must implement an Information Security
      Program that at a minimum, meets the requirements in the Supplement for the
      Information Security Program requirements. Loan Quality, Loan Performance Data
      and NPI Fannie Mae may at times share loan quality and loan performance data
      and other NPI with the seller/servicer in compliance with permitted purposes
      outlined in the Gramm-Leach-Bliley Act and other applicable privacy laws. The
      seller/servicer must use such data only for those limited permitted purposes.
      Feedback on New Products, Product Upgrade, or New Service Oﬀering The seller/servicer
      may provide feedback in connection with a new product, product upgrade, or new
      service oﬀering yet to be released by Fannie Mae in the marketplace. The feedback
      may include comments and recommendations. When the seller/servicer provides
      feedback, it grants Fannie Mae an unlimited, worldwide, perpetual, and irrevocable
      license under the seller/servicer’s intellectual property rights, without duty
      to account, to disclose, incorporate, practice, deploy, or adapt such feedback.
      Speciﬁc Transactions or Dealings For speciﬁc transactions or dealings, the seller/servicer
      and Fannie Mae may enter into a separate written conﬁdentiality agreement. This
      separate agreement will control in case of conﬂict with the provisions of this
      topic. In addition, the seller/servicer and Fannie Mae may also agree in a separate
      written agreement that the conﬁdentiality obligations set forth in this topic
      will apply to Fannie Mae. Fannie Mae Obligations Fannie Mae will not disclose
      conﬁdential information received from a seller/servicer in furtherance of this
      Guide to a third party, except as required or permitted by law. Exclusions from
      Conﬁdential Information The obligations in this topic do not apply to information
      that Published May 6, 2026 123 is or becomes public through no fault of the
      seller/servicer, was previously known or is disclosed to the seller/servicer
      free of any obligation to keep it conﬁdential, or is independently developed
      by the seller/servicer without reference or access to the Conﬁdential Information.
      Recent Related Announcements The table below provides references to recently
      issued Announcements that are related to this topic. Announcements Issue Date
      Announcement SEL-2025-01 February 05, 2025'
  judgment: false
