2015 New Hampshire Revised Statutes
Title XXXI - TRADE AND COMMERCE
Chapter 359-C - RIGHT TO PRIVACY
Section 359-C:5 - Disclosure of Records.

NH Rev Stat § 359-C:5 (2015) What's This?

    359-C:5 Disclosure of Records. –
    I. Except in accordance with requirements of RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10, no financial institution or creditor, nor any director, officer, employee, or agent thereof may provide or authorize another to provide to an officer, employee or agent of a state or local agency or department thereof any financial, or credit records, copies thereof, or the information contained therein if the director, officer, employee or agent of the financial institution or creditor knows or has reasonable cause to believe that such financial or credit records or information are being requested in connection with a civil or criminal investigation of the customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings.
    II. This section is not intended to prohibit disclosure of the financial or credit records of a customer or the information contained therein incidental to a transaction in the normal course of business of such financial institution or creditor if the director, officer, employee or agent thereof making or authorizing the disclosure has no reasonable cause to believe that the financial or credit records or the information contained in such records so disclosed will be used by a state or local agency or department thereof in connection with an investigation of the customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings.
    II-a. This section is not intended to prevent a financial institution from disclosing to the county attorney or the attorney general, or either of their authorized designees, the financial or credit records of a customer or any other person, or the information contained therein when the director, officer, employee or agent of the financial institution has reasonable cause to believe the customer, or other person, is utilizing the services of the institution to defraud the institution or any other person.
    III. A financial institution or creditor which refuses to disclose the financial or credit records of a customer, copies thereof or the information contained therein in reliance in good faith upon the prohibitions of RSA 359-C:5, I, shall not be liable to its customer, to a state or local agency or to any other person for any loss or damage caused in whole or in part by such refusal.

Source. 1977, 594:1. 1983, 174:4. 1992, 268:5. 2005, 233:1, eff. Jan. 1, 2006.


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