§ 3402. — Access to financial records by Government authorities prohibited; exceptions.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 12USC3402]
TITLE 12--BANKS AND BANKING
CHAPTER 35--RIGHT TO FINANCIAL PRIVACY
Sec. 3402. Access to financial records by Government authorities
prohibited; exceptions
Except as provided by section 3403(c) or (d), 3413, or 3414 of this
title, no Government authority may have access to or obtain copies of,
or the information contained in the financial records of any customer
from a financial institution unless the financial records are reasonably
described and--
(1) such customer has authorized such disclosure in accordance
with section 3404 of this title;
(2) such financial records are disclosed in response to an
administrative subpena or summons which meets the requirements of
section 3405 of this title;
(3) such financial records are disclosed in response to a search
warrant which meets the requirements of section 3406 of this title;
(4) such financial records are disclosed in response to a
judicial subpena which meets the requirements of section 3407 of
this title; or
(5) such financial records are disclosed in response to a formal
written request which meets the requirements of section 3408 of this
title.
(Pub. L. 95-630, title XI, Sec. 1102, Nov. 10, 1978, 92 Stat. 3697.)
Section Referred to in Other Sections
This section is referred to in sections 3404, 3405, 3406, 3407,
3408, 3413 of this title; title 42 section 1383.
