§ 53B-4. Access to financial records. - North Carolina Statutes

§ 53B‑4.  Access tofinancial records.

Notwithstanding any otherprovision of law, no government authority may have access to a customer'sfinancial record held by a financial institution unless the financial record isdescribed with reasonable specificity and access is sought pursuant to any ofthe following:

(1)        Customerauthorization that meets the requirements of the Right to Financial Privacy Act§ 1104, 12 U.S.C. § 3404, provided, however, a customer authorization receivedby a State agency or a county department of social services for the purpose ofdetermining eligibility for the programs of public assistance under Chapter108A of the General Statutes, or for purposes of a government inquiryconcerning these same programs of public assistance, cannot be revoked andshall remain valid for 12 months unless a shorter period is specified in theauthorization, or a customer authorization that is given by a licensed attorneywith respect to an account in which the attorney holds funds as a fiduciary.

(2)        Authorization underG.S. 105‑251 or G.S. 105‑258.

(3)        Search warrant asprovided in Article 11 of Chapter 15A of the General Statutes.

(4)        Statutory authorityof a supervisory agency to examine or have access to financial records in theexercise of its supervisory, regulatory, or monetary functions with respect toa financial institution.

(5)        The authoritygranted under G.S. 116B‑72 and G.S. 116B‑75.

(6)        Examination andreview by the State Auditor or his authorized representative under G.S. 147‑64.6(c)(9)or G.S. 147‑64.7(a).

(7)        Request by agovernment authority authorized to buy and sell student loan notes underArticle 23 of Chapter 116 of the General Statutes for financial recordsrelating to insured student loans.

(8)        Pending litigationto which the government authority and the customer are parties.

(9)        Subpoena or courtorder in connection with a grand jury proceeding.

(10)      A writ of executionunder Article 28 of Chapter 1 of the General Statutes.

(11)      Other court order oradministrative or judicial subpoena authorized by law if the requirements ofG.S. 53B‑5 are met.

(12)      The authority grantedto the Attorney General under Chapter 75 of the General Statutes.

As used in this section, theterm "reasonable specificity" means that degree of specificity reasonableunder all the circumstances, and, with respect to requests under G.S. 116B‑72and G.S. 116B‑75, may include designation by general type or class. (1985 (Reg. Sess., 1986), c.1002, s. 1; 1999‑460, s. 11; 2006‑259, s. 14(b); 2007‑527, s.1.)