What US Right to Financial Privacy Act (12 USC ch 35): Government Access to Financial Records requires
The Right to Financial Privacy Act (12 U.S.C. ch. 35) limits the access of Federal Government authorities to the financial records of customers held by financial institutions and requires notice to the customer, enforced through a private right of action. Section 3401 provides the definitions, including financial institution, financial record and Government authority. Section 3402 sets the core prohibition: a Government authority may not have access to, or obtain copies of, the information contained in the financial records of any customer from a financial institution unless the records are reasonably described and access is obtained by one of five means, namely the customer authorizes access, the records are disclosed in response to an administrative subpoena or summons, a search warrant, a judicial subpoena, or a formal written request that meets the requirements of the Act. Section 3403 provides that a financial institution shall maintain the confidentiality of records and limits voluntary disclosure. Sections 3405, 3406, 3407 and 3408 set the specific procedures and customer notice requirements for administrative subpoenas, search warrants, judicial subpoenas and formal written requests. Section 3409 provides for delayed notice in defined circumstances, and section 3417 provides civil penalties and damages against a Government authority or financial institution that violates the Act. The Act is the legal foundation for US procedural protection of bank customer records from Government access.
Pillar: Data Protection & Privacy · Authority: US Congress / federal courts (private right of action) · Version: 1.0.0 · Last updated:
Primary source: https://www.govinfo.gov/content/pkg/USCODE-2022-title12/html/USCODE-2022-title12-chap35.htm
SHA-256 integrity: 13dd377fbe4f40464708bb258535d05c43efc11c0bbfca59ef40a8e3b0286945
Primary Citations — 8 traced to source
- Right to Financial Privacy Act, 12 U.S.C. 3401 - definitions, including financial record and Government authority.
- Right to Financial Privacy Act, 12 U.S.C. 3402 - access to financial records by Government authorities prohibited; exceptions.
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