Current through the 2024 Fourth Special Session
Section 7-1-1001 - Definitions - Written consent or court order for disclosure by financial institution - Exception(1) As used in this part: (a) "Account holder" means a person for whom an account is held by a financial institution.(b) "Governmental entity" means: (i) the state, including: (I) an elected official; and(ii) a political subdivision of the state, including: (E) a public transit district;(F) a redevelopment agency;(G) a special improvement district; or(c) "Nonprotected record" means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:(i) the existence of an account;(ii) the opening and closing dates of an account;(iii) the name under which an account is held; and(iv) the name, address, and telephone number of an account holder.(d) "Protected record" means a record that is not defined as a nonprotected record.(e) "Record" means information that is: (i) prepared, owned, received, or retained by a financial institution;(ii)(A) inscribed on a tangible medium; or(B) stored in an electronic or other medium; and(iii) retrievable in perceivable form.(2) Except for a governmental entity listed in Subsection 7-1-1006(1), an individual acting on behalf of a governmental entity may not request, obtain by subpoena, or otherwise obtain information from a state or federally chartered financial institution that constitutes a record reflecting the financial condition of any person without first obtaining: (a) written permission from all account holders of the account referenced in the record to be examined; or(b) an order from a court of competent jurisdiction permitting access to the record.(3) This section does not apply to a review made by the commissioner to determine whether a financial institution is operating in accordance with law.Amended by Chapter 381, 2009 General Session.