(b) Confidential treatment.

1. (1) The applicant may request that specific information be treated as confidential. The following information generally is considered confidential:

   1. (i) Personal information, the release of which would constitute a clearly unwarranted invasion of privacy;
   2. (ii) Commercial or financial information, the disclosure of which could result in substantial competitive harm to the submitter; and
   3. (iii) Information, the disclosure of which could seriously affect the financial condition of any depository institution.
2. (2) If an applicant requests confidential treatment for information that the FDIC does not consider to be confidential, the FDIC may include that information in the public file after notifying the applicant. On its own initiative, the FDIC may determine that certain information should be treated as confidential and withhold that information from the public file.