Applicant was not customer - applicant was denied. Loan Officer attached copy of driver's license to NOAT info. Does that pose problem?

Not unless the loan officer used prohibited basis information in the loan denial.

He did not. I was worried, as we are to keep copies in CIP file and not credit file, and since there was no credit file.

I was once told by an FDIC examiner to mark any driver's license received from a loan applicant as 'FOR IDENTIFICATION PURPOSES ONLY"

I wish I had kept the email, but it was two-three (depending on how you consider mergers) employers ago. We had this same discussion, but it was related to scanning copies of ID to the customer's CIF for CIP documentation and for identification purposes. This would have been done for deposit, installment loan, and mortgage loan customers, so it had the potential to be for a customer who we otherwise would be prohibited from collecting certain inforamtion under ECOA.

We had IN WRITING (my emphasis because this never happens) from an FDIC Field Supervisor that we would be permitted to retain this information with no ECOA consequences because it was being retained to comply with the requirements of another federal regulatory statute. He stated that paragraph 202.5(a)(2) gave us the ability to retain copies of the drivers license without being criticized under ECOA for possessing otherwise prohibited information.

Now, retaining the copy of the ID document is not a BSA/CIP requirement, but at the time we were being beat over the head for CIP data validity that we were exploring that option.