CFTC Protection of Information and Data Act of 2026

The "CFTC Protection of Information and Data Act of 2026" amends the Commodity Exchange Act to update the Commodity Futures Trading Commission's (CFTC) authority regarding information disclosure and privilege. It outlines specific conditions for the CFTC to share data with various governmental bodies, including Congress, federal agencies, state departments, and foreign futures authorities.

The bill clarifies that the CFTC may publicly disclose previously released trader information and must provide data to Congressional committees upon request. For domestic, state, and foreign governmental entities, the CFTC may furnish information, but with strict conditions limiting further disclosure to specific adjudicatory actions or proceedings.

A new section is added to define "privilege" and ensure that the act of sharing privileged information with or by the CFTC does not waive that privilege. This includes protecting information provided by foreign futures authorities and ensuring entities sharing data with the CFTC retain their privileges, with certain exceptions. However, these provisions do not permit the CFTC to withhold information from Congress or disregard court orders.