§ 359-C:11 — Exceptions

New Hampshire § 359-C:11

• Jurisdiction: New Hampshire
• Title XXXI: TRADE AND COMMERCE
• Ch. 359-C: RIGHT TO PRIVACY

Text

Nothing in this chapter prohibits any of the following:
I. The dissemination of any financial or credit information which is not identified with, or identifiable as being derived from, the financial or credit records of a particular customer.
II. When any police or sheriff's department or county attorney in this state certifies to a financial institution in writing that a crime report has been filed which involves the alleged fraudulent use of drafts, checks or other orders drawn upon any financial institution in this state, such police or sheriff's department or county attorney may request a financial institution to furnish, and a financial institution shall supply, a statement setting forth the following information with respect to a customer account specified by the police or sheriff's department or county attorney for a period of 30 days prior to and up to 30 days following the date of occurrence of the alleged illegal act involving the account:
(a) The number of items dishonored;
(b) The number of items paid which created overdrafts;
(c) The dollar volume of such dishonored items and items paid which created overdrafts and a statement explaining any credit arrangement between the financial institution and customer to pay overdrafts;
(d) The dates and amounts of deposits and debits and the account balance on such dates;
(e) A copy of the signature appearing on a customer's signature card;
(f) Date account opened and, if applicable, date account closed.
III. Subject to the limitations in RSA 359-C:6, the examination by, or disclosure to, any supervisory agency of financial or credit records which relate solely to the exercise of its supervisory function. The scope of an agency's supervisory function shall be determined by reference to statutes which grant authority to examine, audit or require reports of financial or credit records of financial institutions or creditors.
IV. Subject to the limitations of RSA 359-C:6, the examination by or disclosure to the commissioner of the department of health and human services of the financial records of a person upon a request by the commissioner pursuant to RSA 126-A:38, I(b) for the purpose of reviewing a person's ability to pay for care, treatment, maintenance, and services provided by institutions; pursuant to RSA 161-C:3-a, I for the purpose of establishing, modifying, or enforcing an obligation to pay child support against such person; or pursuant to RSA 167:4-a for purposes directly connected with the determination and verification of eligibility for medical assistance for applicants and recipients whose eligibility for medical assistance is based upon the applicant's or recipient's age, blindness, or disability.
V. Subject to the limitations of RSA 359-C:6, the examination by or disclosure to the department of health and human services of financial records requested by the commissioner or his or her authorized representative, pursuant to RSA 161-F:56, for the purpose of investigating a report of alleged abuse, neglect, or exploitation.

Legislative History

1977, 594:1. 1992, 268:11. 1995, 310:24. 2002, 36:8, eff. July 1, 2002. 2010, 308:3, eff. Sept. 11, 2010. 2013, 144:41, eff. July 1, 2013.