2006 Utah Code - 78-27-45 — Financial information privacy -- Written consent or court order for disclosure by financial institution -- Exception.

     78-27-45.   Financial information privacy -- Written consent or court order for disclosure by financial institution -- Exception.
     (1) As used in Sections 78-27-45 through 78-27-50.5:
     (a) "Financial institution" means:
     (i) a financial institution as defined in Section 7-1-103; or
     (ii) a depository institution as defined in Section 7-1-103.
     (b) "Governmental entity" means:
     (i) the state, including all departments, institutions, boards, divisions, bureaus, offices, commissions, committees, and elected officials; and
     (ii) any political subdivision of the state, including any county, city, town, school district, public transit district, redevelopment agency, special improvement, or taxing district.
     (c) "Nonprotected record" means a record maintained by the financial institution to facilitate the conduct of its 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 not defined as a nonprotected record; and
     (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 as provided in Section 78-27-50, an individual acting in 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 the person that is named or 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) a review made by the commissioner of financial institutions to determine whether a financial institution is operating in accordance with law; or
     (b) a report filed as required by Section 76-10-1906.

Amended by Chapter 184, 1999 General Session