45-10-103 - Permissible acts. - Tennessee Statutes

45-10-103. Permissible acts.

The following acts are expressly permitted by, but are not otherwise subject to, this chapter:

     (1)  The preparation, examination, handling or maintenance of any financial records:

          (A)  By any attorney, officer, employee or agent of a financial institution having custody of the records; or

          (B)  By a certified public accountant engaged by the financial institution to perform an independent audit;

     (2)  The examination of any financial records by, or the furnishing of financial records by a financial institution to, any officer, employee or agent of a supervisory agency for use solely in the exercise of the person's duties as an officer, employee or agent of the agency;

     (3)  The publication of data furnished from financial records relating to customers where the data cannot be identified to any particular customer or account;

     (4)  The making of reports or returns required under the tax laws and/or regulations of this state or the United States;

     (5)  The furnishing of information permitted to be disclosed under article 3 of the Uniform Commercial Code, compiled in title 47, chapter 3, concerning the dishonor of any negotiable instrument;

     (6)  The exchange in the regular course of business of credit information between a financial institution and other financial institutions or commercial enterprises, directly or through a credit reporting agency;

     (7)  The furnishing of information or records deemed by a financial institution to be necessary or incidental to the performance of the duties of a federal, state or local official or agency;

     (8)  The furnishing of information or records to a federal, state or local official or agency in response to a subpoena lawfully issued by the official or agency. A financial institution may presume that a subpoena that appears valid on its face has been lawfully issued;

     (9)  The furnishing of information or records as a part of a financial institution's answer, or other pleading, in any action wherein the financial institution is a party, including being a garnishee;

     (10)  The furnishing of information or records to any federal officer or agency as long as furnishing the information is not prohibited by the federal Right to Financial Privacy Act of 1978;

     (11)  The furnishing of information or records in response to any allegation made by a customer;

     (12)  The furnishing of information or records where deemed necessary to comply with or to preserve rights under:

          (A)  Any statute, ordinance, or regulation; or

          (B)  Any contract to which the customer, or any person serving as surety, guarantor, or the like, is a party;

     (13)  The furnishing of a copy of any negotiable, nonnegotiable or nontransferable instrument to any person named therein as a remitter, party, obligor, or obligee;

     (14)  (A)  The furnishing of records concerning a loan or other obligation, and the obligor or obligors thereon, held by a financial institution to a purchaser or prospective purchaser of the obligation or a participation or interest therein; provided, that:

                (i)  The purchaser, if a financial institution, shall hold the records subject to the provisions of this chapter, to the same extent as if the obligor or obligors were customers of the purchaser; or

                (ii)  The purchaser, if not a financial institution, shall undertake not to disclose the records to any person, except:

                     (a)  To or with the consent of the obligors or the obligor's agent;

                     (b)  Pursuant to legal process served on the purchaser; or

                     (c)  As would be permitted under this section if the purchaser were a financial institution.

          (B)  This subdivision (14) shall not be construed to impose or create a duty of disclosure on the part of a financial institution to a purchaser;

     (15)  (A)  The furnishing by a financial institution of information or records to an affiliate of the financial institution.

          (B)  As used in this subdivision (15), “affiliate of a financial institution” is:

                (i)  A corporation, eighty percent (80%) of any class of voting stock of which is owned, directly or indirectly, by the financial institution or by a corporation that, directly or indirectly, also owns eighty percent (80%) of any class of voting stock of the financial institution; or

                (ii)  A corporation that owns, directly or indirectly, eighty percent (80%) of any class of voting stock of the financial institution.

          (C)  The affiliate to whom the records and information are furnished shall hold the records or information subject to this chapter as if the affiliate were the financial institution furnishing the records or information; and

     (16)  The furnishing by a financial institution of information or records to the extent permitted by the Gramm-Leach-Bliley Act of 1999 (Public Law 106-102); provided, the financial institution complies with the consumer disclosure requirements and opt-out provisions of the act.

[Acts 1983, ch. 224, § 3; 1984, ch. 616, § 4; 1993, ch. 91, § 1; 1995, ch. 309, § 3; 2001, ch. 156, § 1.]