§ 45-10-101. Short Title
This chapter shall be known and may be cited as the “Financial Records Privacy Act.”
§ 45-10-102. Chapter Definitions
As used in this chapter, and in any subpoena issued pursuant to this chapter, unless the context otherwise requires: “Custodian” means either the “immediate custodian,” or any person to whom the “immediate custodian” reports, the auditor or any other person designated by a corporation’s board of directors to respond to a subpoena issued pursuant to […]
§ 45-10-103. Permissible Acts
The following acts are expressly permitted by, but are not otherwise subject to, this chapter: The preparation, examination, handling or maintenance of any financial records: By any attorney, officer, employee or agent of a financial institution having custody of the records; or By a certified public accountant engaged by the financial institution to perform an […]
§ 45-10-104. Requisites for Disclosure — Effect of Disclosure
Except as provided in § 45-10-103, a financial institution may not disclose to any person, except to the customer or the customer’s agent, any financial records relating to that customer unless: The customer has authorized disclosure to that person as provided in § 45-10-105; or The financial records are disclosed in response to a lawful […]
§ 45-10-105. Authorization by Customer
A customer may authorize disclosure of financial records pertaining to the customer by signing and dating a statement authorizing the disclosure; or, if acceptable to the financial institution, a customer may provide authorization orally. The authorization may specify: The name of the person to which disclosure is authorized; The financial records that are authorized to […]
§ 45-10-106. Service of Subpoena on Financial Institution
A subpoena authorizing the production of financial records may be served upon a financial institution only if: A copy of the subpoena has been served upon the customer, if the customer is available for service, in the manner provided by law for the service of subpoena, or, in any judicial proceeding in which the customer […]
§ 45-10-107. Requisites of Subpoena
A financial institution shall not be required to produce financial records in response to a subpoena unless: The subpoena indicates that the requirements of § 45-10-106 have been met; The subpoena describes with specificity the financial records to be produced, including: The name and address of the customer to whom the records relate; The name […]
§ 45-10-108. Bond
On motion of any affected party, and for good cause shown, the court may require the person requesting the production of any records of a financial institution in a civil action to execute a bond, with sufficient surety, in an amount deemed sufficient by the court.
§ 45-10-109. Expenses to Be Taxed as Costs
In all judicial proceedings, the reasonable expenses of a financial institution in producing records in response to a subpoena shall be taxed as costs, without regard to the amount of any bond, and in all other instances, the issuer shall pay the financial institution’s reasonable expenses incurred in complying with the subpoena. The financial institution […]
§ 45-10-110. Compliance With Subpoena Duces Tecum
Except as hereinafter provided, when a subpoena duces tecum is served upon a custodian of records of any financial institution in an action or proceeding in which the financial institution is not a party, and the subpoena requires the production of all or any part of the records of the financial institution relating to any […]
§ 45-10-111. Wrapping and Delivery of Copy of Records
The copy of the records shall be separately enclosed in an inner envelope or wrapper, sealed, with the title and number of the action, name of custodian and date of subpoena clearly inscribed on the sealed envelope or wrapper. The sealed envelope or wrapper shall then be enclosed in an outer envelope or wrapper, sealed, […]
§ 45-10-112. Opening of Sealed Envelope
Unless the sealed envelope or wrapper is returned to a witness who is to appear personally, the copy of the records shall remain sealed and shall be opened only at the time of trial, deposition, or other hearing, upon the direction of the judge, court, officer, body, tribunal or other issuer conducting the proceeding, in […]
§ 45-10-113. Affidavit of Custodian
The records shall be accompanied by an affidavit of a custodian stating in substance that: The affiant is duly authorized custodian of the records and has authority to certify the records; The copy is a true copy of all the records described in the subpoena; and The records were prepared by the personnel of the […]
§ 45-10-114. Copy and Affidavit as Evidence
The copy of the record shall be admissible in evidence to the same extent as though the original thereof were offered and the custodian had been present and testified to the matters stated in the affidavit. The affidavit shall be admissible in evidence and the matters stated therein shall be presumed true in the absence […]
§ 45-10-115. Personal Attendance of Custodian — Form of Subpoena
Where the personal attendance of the custodian is required, the subpoena duces tecum shall contain a clause that reads: “The procedure authorized pursuant to the Financial Records Privacy Act §§ 45-10-110 — 45-10-113 will not be deemed sufficient compliance with this subpoena.” Where both the personal attendance of the custodian and the production of the […]
§ 45-10-116. Substitution of Copies for Original Records
In view of the property right of the financial institution in its records, original records may be withdrawn after introduction into evidence and copies substituted, unless otherwise directed for good cause by the court, judge, officer, body or tribunal conducting the hearing. The custodian may prepare copies of original records in advance of testifying for […]
§ 45-10-117. Delay of Customer Notice — Required Findings — Filing by Court — Disclosure
Upon application of a government authority, the customer notice required under § 45-10-106 may be delayed by an order of the chancery court of Davidson County, or the court issuing a lawful subpoena, if the presiding chancellor or judge finds that: The investigation being conducted is within the lawful jurisdiction of the government authority seeking […]
§ 45-10-118. Disclosure Relative to Child Support Enforcement
Notwithstanding any other provisions of any law or regulation to the contrary, a financial institution shall disclose upon request to any Title IV-D child support agency of this state or any other state or territory or the federal government, their contractors or duly authorized agents, that are seeking to establish, modify, or enforce any child […]
§ 45-10-119. Administrative Subpoena for Records Relevant to Financial Exploitation
A financial institution shall provide access to or copies of records that are relevant to suspected actual or attempted financial exploitation, as defined in § 45-2-1202, in response to an administrative subpoena that satisfies the requirements of § 45-10-103(8) issued by the department of human services, adult protective services as provided in § 71-6-103(j)(4)(A). The […]