Page:United States Statutes at Large Volume 92 Part 3.djvu/1065

 PUBLIC LAW 95-630—NOV. 10, 1978

92 STAT. 3697

Right to Financial Privacy SEC. 1100. This title may be cited as the "Right to Financial Privacy Act of 1978. Short title. Act of 1978". 12 USC 3401 DEFINITIONS note. 12 USC 3401. SEC. 1101. For the purpose of this title, the term—

TITLE XI—RIGHT TO FINANCIAL PEIVACY

(1) "financial institution" means any office of a bank, savings bank, card issuer as defined in section 103 of the Consumers Credit Protection Act (15 U.S.C. 1602 (n)), industrial loan company, trust companj^, savings and loan, building and loan, or homestead association (including cooperative banks), credit union, or consumer finance institution, located in any State or territory of the United States, the District of Columbia, Puerto Rico, Guam, American Samoa, or the Virgin Islands; (2) "financial record" means an original of, a copy of, or information known to have been derived from, any record held by a financial institution pertaining to a customer's relationship with the financial institution; (3) "Government authority" means any agency or department of the United States, or any officer, employee, or agent thereof; (4) "person" means an individual or a partnership of five or fewer individuals; (5) "customer" means any person or authorized representative of that person who utilized or is utilizing any service of a financial institution, or for whom a financial institution is acting or has acted as a fiduciary, in relation to an account maintained in the person's name; (6) "supervisory agency" means, with respect to any particular financial institution any of the following which has statutory authority to examine the financial condition or business operations of that institution— (A) the Federal Deposit Insurance Corporation; (B) the Federal Savings and Loan Insurance Corporation; (C) the Federal Home Loan Bank Board; (D) the National Credit Union Administration; (E) the Board of Governors of the Federal Reserve System; (F) the Comptroller of the Currency; (G) the Securities and Exchange Commission; (H) the Secretary of the Treasury, with respect to the Bank Secrecy Act and the Currency and Foreign Transactions Reporting Act (Public Law 91-508, title I and II); or (I) any State banking or securities department or agency: and (7) "law enforcement in(|uir5^" means a lawful investigation or official proceeding inquiring into a violation of, or failure to comply with, any criminal or civil statute or any regulation, rule, or order issued pursuant thereto. CONFIDENTIALITY OP RECORDS

12 USC 1829b-1831, 1951-1959. 31 USC 1051 note.

GOVERNMENT AUTHORITIES

SEC. 1102. Except as provided by section 1103(c) or (d), 1113, or 12 USC 3402. 1114, no Government authority may have access to or obtain copies of, or the information contained m the financial records of any customer

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