CFTC Protection of Information and Data Act of 2026
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed House
- Passed Senate
- To President
- Became Law
Overview
This bill, the CFTC Protection of Information and Data Act of 2026, amends the Commodity Exchange Act to clarify the circumstances under which the Commodity Futures Trading Commission (CFTC) can disclose trader information and other data related to commodity trading. It expands the CFTC’s authority to share this information with various governmental and foreign entities, subject to conditions designed to protect privileged information like attorney-client or work-product protections. The bill also addresses the sharing of information between the CFTC and other regulatory bodies.
Key provisions
- Expands the CFTC’s authority to disclose trader names and addresses and trading volume data.
- Allows the CFTC to share information with U.S. federal, state, and foreign governmental and regulatory entities upon request.
- Establishes conditions for sharing information, including restrictions on disclosure by receiving entities.
- Defines ‘privilege’ broadly to include work-product, attorney-client, and governmental privileges.
- Protects the CFTC from being compelled to disclose privileged information received from foreign futures authorities.
- Clarifies that transferring information to the CFTC does not waive applicable privileges.
- Specifies that Congress and U.S. courts have access to certain information.
- Redesignates and inserts sections within the Commodity Exchange Act to implement these changes.
Who is affected
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