45-10-117 - Delaying of customer notice Required findings Filing by court Disclosure. - Tennessee Statutes

45-10-117. Delaying of customer notice Required findings Filing by court Disclosure.

(a)  Upon application of a government authority, the customer notice required under § 45-10-106 may be delayed by an order of the chancery court of Davidson County, or the court issuing a lawful subpoena, if the presiding chancellor or judge finds that:

     (1)  The investigation being conducted is within the lawful jurisdiction of the government authority seeking the financial records;

     (2)  There is reason to believe that the records being sought are relevant to a legitimate law enforcement, investigative or administrative inquiry;

     (3)  There is reason to believe that the notice will result in:

          (A)  Endangering life or physical safety of any person;

          (B)  Flight from prosecution;

          (C)  Destruction of or tampering with evidence;

          (D)  Intimidation of potential witnesses;

          (E)  Jeopardizing an investigation or official proceeding or unduly delaying a trial or ongoing official proceeding; or

          (F)  The public health, safety or welfare is threatened; and

     (4)  The application for delay is made with reasonable specificity.

(b)  (1)  If the court makes the findings required in subdivisions (b)(1)-(4), it shall enter an ex parte order granting the requested delay for a period not to exceed ninety (90) days and an order prohibiting the financial institution from disclosing that records have been obtained or that a request for records has been made.

     (2)  One (1) extension of the delay notice provided in subdivision (b)(1), of up to ninety (90) days, may be granted by the court upon application, but only in accordance with this section.

     (3)  Upon expiration of the period of delay of notification under subdivision (b)(1) or (2), the customer shall be served with or mailed a copy of the subpoena by the government authority, together with the following legend specifying the nature of the law enforcement inquiry:

“Records or information concerning your transactions, which are held by the financial institution named in the attached process or request were supplied to or requested by the government authority named in the process or request on (date). Notification was withheld pursuant to a determination by (title of court so ordering) under the Financial Records Privacy Act that such notice might (state reason). The purpose of the investigation or official proceeding was  _____________________________________________________________________ .”

(c)  When access to financial records is obtained pursuant to § 45-10-107 (b), under emergency access, the government authority shall, unless a court has authorized delay of notice pursuant to subsections (a) and (b), as soon as practical after the records are obtained, serve upon the customer or mail by registered or certified mail to the customer's last known address a copy of the subpoena or other documents noting the judicial proceedings in which the customer is a party.

(d)  Any memorandum, affidavit, or other paper filed in connection with a request for delay in notification shall be preserved by the court. Upon petition by the customer to whom the records pertain, the court may order disclosure of the papers to the petitioner. If the petition is prior to the expiration of the period of delay ordered by the court or an extension thereof, the court may order disclosure, unless the court makes the findings required in subsection (a). If the petition is after expiration of the period of delay or an extension thereof, the court shall order disclosure unless the court makes a finding that the record should be sealed in the interest of justice.

[Acts 1995, ch. 309, § 7.]