401
IntroductionGeneral Restriction Upon Government
Access
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The Right to Financial Privacy Act (The Act) prohibits Government
authorities from gaining access to, obtaining copies of, or the information
contained in the financial records of any customer from a financial
institution
unless access is permitted by one of the exceptions to the Act, such as a
grand
jury subpoena, or is accomplished by one of the methods provided by the Act:
(1)
customer authorization; (2) administrative summons or subpoena; (3) search
warrant; (4) judicial subpoena; or (5) a formal written request. Each of
the
five methods requires the financial records sought to be reasonably
described.
The Act requires documentation of access to protected financial records;
"informal access" (i.e. an oral request) to protected records is not
permitted.
It is important to note that only a narrow class of records are covered
by
the Act. See Records Covered.
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