2006 Utah Code - 78-27-50 — Financial information privacy -- Inapplicable to certain official investigations.

     78-27-50.   Financial information privacy -- Inapplicable to certain official investigations.
     (1) Sections 78-27-45 through 78-27-47 do not apply when an examination of records is a part of an official investigation by:
     (a) local police;
     (b) a sheriff;
     (c) a peace officer;
     (d) a city attorney;
     (e) a county attorney;
     (f) a district attorney;
     (g) the attorney general;
     (h) the Department of Public Safety;
     (i) the Office of Recovery Services of the Department of Human Services;
     (j) the Insurance Department;
     (k) the Department of Commerce;
     (l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the Department of Workforce Services;
     (m) the state auditor; or
     (n) the State Tax Commission.
     (2) Except for the Office of Recovery Services, if a governmental entity listed in Subsection (1) seeks a record, the entity shall obtain the record as follows:
     (a) if the record is a nonprotected record, by request in writing that:
     (i) certifies that an official investigation is being conducted; and
     (ii) is signed by a representative of the governmental entity that is conducting the official investigation; or
     (b) if the record is a protected record, by obtaining:
     (i) a subpoena authorized by statute; or
     (ii) other legal process:
     (A) ordered by a court of competent jurisdiction; and
     (B) served upon the financial institution.
     (3) If the Office of Recovery Services seeks a record, it shall obtain the record pursuant to:
     (a) Subsection 62A-11-104(7);
     (b) Section 62A-11-304.1;
     (c) Section 62A-11-304.5; or
     (d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.
     (4) A financial institution may not give notice to any person named or referenced within the record disclosed pursuant to Subsection (2)(a).
     (5) In accordance with Section 78-27-48, the agency conducting the official investigation that obtains a record from a financial institution under this section shall reimburse the financial institution for costs reasonably and directly incurred by the financial institution.

Amended by Chapter 82, 2005 General Session