Effective – 28 Aug 1989 408.675. Citation of law — definitions. — 1. Sections 408.675 to 408.700 shall be known and may be cited as the “Missouri Right to Financial Privacy Act”. 2. For the purposes of sections 408.675 to 408.700, the following terms mean: (1) “Customer”, any person or his authorized representative who utilized […]
Effective – 28 Aug 1989 408.677. Government access to records, when — requirements. — Except as provided in section 408.690, no government authority may have access to or obtain copies of the information contained in the financial records of any customer unless the financial records are reasonably described and: (1) Such customer has authorized such […]
Effective – 28 Aug 1989 408.680. Financial institution may not disclose, exceptions, requirements. — 1. A financial institution, or officer, employee, or agent thereof shall not provide to any government authority access to the financial record of any customer except in accordance with the provisions of sections 408.675 to 408.700. 2. A financial institution shall […]
Effective – 28 Aug 1989 408.682. Customer authorization, requirements. — 1. A customer may authorize disclosure of his financial records if he furnishes to the financial institution and to the government authority seeking to obtain such disclosure a signed and dated statement which: (1) Authorizes such disclosure for such period as may be agreed upon; […]
Effective – 28 Aug 1989 408.683. Subpoena, government may obtain records with, when — procedure — notice required. — A government authority may obtain financial records pursuant to a subpoena if: (1) There is reason to believe that the records sought are relevant to a government investigation; (2) A copy of the subpoena has been […]
Effective – 28 Aug 1989 408.685. Delay of notice, allowed when — postdisclosure notice, form of. — 1. Upon application of the government authority, the customer notice required under section 408.682, 408.683, or 408.689 may be delayed by order of circuit court of Cole County or the circuit court for the principal office of the […]
Effective – 28 Aug 1989 408.686. Challenge to subpoena — procedure, appeals. — 1. Within ten days of service or within fourteen days of mailing of a subpoena, a customer may file a motion to quash the subpoena, or an action to enjoin a government authority from obtaining financial records pursuant to a written process. […]
Effective – 28 Aug 1989 408.687. Financial institution to assemble records upon subpoena — delivery of records, when. — Upon receipt of a request for financial records made by a government authority under section 408.683, the financial institution shall, unless otherwise provided by law proceed to assemble the records requested and must be prepared to […]
Effective – 28 Aug 1989 408.689. Transfer of records to additional agency, allowed when — notice. — 1. Financial records originally obtained pursuant to sections 408.675 to 408.700 shall not be transferred to another agency or department unless the transferring agency or department makes a written finding that there is reason to believe that the […]
Effective – 28 Aug 1989 408.690. Nonprohibited disclosure activities. — 1. Nothing in sections 408.675 to 408.700 prohibits any supervisory agency from exchanging examination reports or other information with another supervisory agency. Nothing in sections 408.675 to 408.700 prohibits the transfer of a customer’s financial records needed by counsel for a government authority to defend […]
Effective – 28 Aug 1989 408.692. Law not applicable to government authority, when — procedure. — 1. Except for sections 408.680 and 408.700, nothing in sections 408.675 to 408.700 shall apply when financial records are sought by a government authority: (1) In connection with a lawful proceeding, investigation, examination, or inspection directed at the financial […]
Effective – 28 Aug 1989 408.693. Fee paid to financial institution, amount, how determined. — Except for records obtained pursuant to section 408.690, a government authority shall pay to the financial institution assembling or providing financial records pertaining to a customer and in accordance with procedures established by sections 408.675 to 408.700 a fee for […]
Effective – 28 Aug 1989 408.695. Statute of limitations. — An action to enforce any provision of sections 408.675 to 408.700 may be brought in the circuit court within three years from the date on which the violation occurs or on the date of discovery of such violation, whichever is later. ——– (L. 1989 H.B. […]
Effective – 28 Aug 1989 408.696. Civil liability for violation, amount — disciplinary action against agency employee, when — good faith a valid defense, when — exclusive remedy. — 1. Any financial institution or an agency or department of the state of Missouri obtaining or disclosing financial records or information contained therein in violation of […]
Effective – 28 Aug 1989 408.697. Injunctive relief, allowed when. — In addition to any other remedy contained in sections 408.675 to 408.700, injunctive relief shall be available to require that the procedures of sections 408.675 to 408.700 are complied with. In the event of a successful action, costs together with reasonable attorney’s fees as […]
Effective – 28 Aug 1989 408.699. Statute of limitations, tolled when. — If any individual files a motion or application under sections 408.655 and 408.675 to 408.700 which has the effect of delaying the access of a government authority to financial records pertaining to such individual, any applicable statute of limitations shall be deemed to […]
Effective – 28 Aug 1989 408.700. Subpoena issued under authority of grand jury, records, use of. — Financial records relating to a customer obtained from a financial institution pursuant to a subpoena issued under the authority of a grand jury: (1) Shall be returned and actually presented to the grand jury; (2) Shall be used […]
