§ 7-1-1001 — Definitions -- Written consent or court order for disclosure by financial institution -- Exception.

Utah § 7-1-1001

• Jurisdiction: Utah
• Title 7: Financial Institutions Act
• Ch. 7-1: General Provisions
• Part 7-1-10: Financial Information Privacy

Text

(1) As used in this part:

(1)(a) "Account holder" means a person for whom an account is held by a financial institution.
(1)(b) "Governmental entity" means:
(1)(b)(i) the state, including:

(1)(b)(i)(A) a department;
(1)(b)(i)(B) an institution;
(1)(b)(i)(C) a board;
(1)(b)(i)(D) a division;
(1)(b)(i)(E) a bureau;
(1)(b)(i)(F) an office;
(1)(b)(i)(G) a commission;
(1)(b)(i)(H) a committee; or
(1)(b)(i)(I) an elected official; and
(1)(b)(ii) a political subdivision of the state, including:

(1)(b)(ii)(A) a county;
(1)(b)(ii)(B) a city;
(1)(b)(ii)(C) a town;
(1)(b)(ii)(D) a school district;
(1)(b)(ii)(E) a public transit district;
(1)(b)(ii)(F) a redevelopment agency;
(1)(b)(ii)(G) a special improvement district; or
(1)(b)(ii)(H) a taxing district.
(1)(c) "Nonprotected record" means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:
(1)(c)(i) the existence of an account;
(1)(c)(ii) the opening and closing dates of an account;
(1)(c)(iii) the name under which an account is held; and
(1)(c)(iv) the name, address, and telephone number of an account holder.
(1)(d) "Protected record" means a record that is not defined as a nonprotected record.
(1)(e) "Record" means information that is:
(1)(e)(i) prepared, owned, received, or retained by a financial institution;
(1)(e)(ii) (1)(e)(ii)(A) inscribed on a tangible medium; or
(1)(e)(ii)(B) stored in an electronic or other medium; and
(1)(e)(iii) retrievable in perceivable form.
(2) Except for a governmental entity listed in Subsection 7-1-1006(1), an individual acting on behalf of a governmental entity may not request, obtain by subpoena, or otherwise obtain information from a state or federally chartered financial institution that constitutes a record reflecting the financial condition of any person without first obtaining:

(2)(a) written permission from all account holders of the account referenced in the record to be examined; or
(2)(b) an order from a court of competent jurisdiction permitting access to the record.
(3) This section does not apply to a review made by the commissioner to determine whether a financial institution is operating in accordance with law.

Legislative History

Amended by Chapter 381, 2009 General Session