Right to Financial Privacy Act

Summary

Right to Financial Privacy Act - Prohibits any Government authority from having access to or obtaining copies of the financial records of any customer from a financial institution unless such records are reasonably described and: (1) such customer has authorized such disclosure; (2) such records are disclosed in reponse to an administrative subpena; (3) such records are disclosed in response to a court order; (4) such records are disclosed in response to a search warrant; or (5) such records are disclosed in response to a formal written request meeting specified requirements. Prohibits any financial institution from providing to any Government authority access to, or the information contained in, the financial records of any customer except in accordance with the provisions of this Act. Sets forth provisions concerning customer authorization, administrative subpenas and summons, court orders, search warrants, and formal written requests. Sets forth specified notice provisions and customer challenge provisions to be provided when access to financial records is sought. Permits a Government authority to obtain financial records upon the sworn statement to the financial institution by the Government authority that delay in obtaining access to such records would create imminent danger of: (1) physical injury to any person; (2) serious property damage; or (3) flight to avoid prosecution. Exempts records from the coverage of this Act if sought because of foreign intelligence and protective activities. Sets forth specified exemptions. Requires a Government authority to pay to the financial institution providing financial records such costs as are reasonably incurred in complying with such request. Sets forth civil penalties for the violation of this Act.

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1 official file

• Introduced in House

  summary · EN · 9 June 1978

  Open at official source

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