CFTC proposes Privacy Act exemption for insider risk investigation records
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The proposal would let the Commodity Futures Trading Commission keep certain insider risk investigation records outside normal Privacy Act access and correction rights. The affected records would sit in a new system called CFTC-59, used to detect and investigate risks involving people with authorized access to CFTC systems, facilities, information, or networks. For employees, contractors, and others with CFTC access, this means they may not be able to see or request changes to records tied to insider risk investigations. The CFTC says the exemption is needed to protect investigations, prevent evidence tampering or witness interference, and keep confidential sources private. Public comments are due by June 5, 2026.
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Key Changes
- Creates a proposed Privacy Act exemption for the new CFTC-59 Insider Risk Program Records system.
- Limits individuals’ ability to access or request corrections to records tied to insider risk investigations.
- Protects investigation details and confidential source identities from disclosure.
Obligations
What this law requires
Submit any public comments on the proposed CFTC-59 Privacy Act exemption on or before June 5, 2026.
Submit comments using only one of the permitted methods: Regulations.gov, mail, or hand delivery/courier to the CFTC address specified in the notice.
Submit comments in English, or include an English translation if the comment is submitted in another language.
Do not include personal identifying information or confidential business information in comment text or attachments unless the commenter is prepared for that information to be published online without redaction.
Before submitting confidential information for CFTC consideration, contact the CFTC personnel listed in the notice and follow the CFTC procedures in 17 CFR 145.9 for requesting confidential treatment under FOIA.