§ 53B-1 – Short title.

53B-1. Short title. This act may be cited as the North Carolina Financial Privacy Act. (1985 (Reg. Sess., 1986), c. 1002, s. 1.)

§ 53B-10 – Penalty.

53B-10. Penalty. (a) Any financial institution disclosing financial records or information contained therein in violation of this Chapter shall be liable to the customer to whom the records relate in an amount equal to the sum of: (1) One thousand dollars ($1,000); (2) Any actual damages sustained by the customer as a result of the […]

§ 53B-2 – Definitions.

53B-2. Definitions. As used in this Chapter, unless the context otherwise requires, the term: (1) "Customer" means a person who has transacted business with a financial institution or has used the services offered by a financial institution. (2) "Financial institution" means a banking corporation, trust company, savings and loan association, credit union, or other entity […]

§ 53B-3 – Public policy.

53B-3. Public policy. It is the policy of this State that financial records should be treated as confidential and that no financial institution may provide to any government authority and no government authority may have access to any financial records except in accordance with the provisions of this Chapter. (1985 (Reg. Sess., 1986), c. 1002, […]

§ 53B-4 – Access to financial records.

53B-4. Access to financial records. Notwithstanding any other provision of law, no government authority may have access to a customer’s financial record held by a financial institution unless the financial record is described with reasonable specificity and access is sought pursuant to any of the following: (1) Customer authorization that meets the requirements of the […]

§ 53B-5 – Service on customer certification.

53B-5. Service on customer certification. A government authority may have access to a customer’s financial record pursuant to G.S. 53B-4(11) only if: (1) The court order or subpoena describes with reasonable specificity the financial record to which access is sought; (2) A copy of the court order or subpoena has been served on the customer […]

§ 53B-6 – Delayed notice.

53B-6. Delayed notice. Upon application of a government authority, a superior court judge may order that the customer notice required by G.S. 53B-5 be delayed if the court finds there is reason to believe that: (1) The financial record to which access is sought is relevant to a legitimate government inquiry; and (2) Notice to […]

§ 53B-7 – Customer challenge.

53B-7. Customer challenge. (a) Within 10 days after service of a court order or subpoena under this Chapter a customer may apply to the superior court of the county in which he resides for an order quashing or modifying the court order or subpoena. The customer shall deliver or mail a copy of the application […]

§ 53B-8 – Disclosure of financial records.

53B-8. Disclosure of financial records. No financial institution or its officer, employee, or agent may disclose a customer’s financial record to a government authority except as provided in this Chapter. This section does not prohibit a financial institution from giving notice of or disclosing a financial record to a government authority, as defined in G.S. […]

§ 53B-9 – Duty of financial institutions; fee; limitation of liability.

53B-9. Duty of financial institutions; fee; limitation of liability. (a) Upon service of a subpoena or court order pursuant to G.S. 53B-4(1), (3), (9), or (11) and receipt of certification pursuant to G.S. 53B-5(5), or upon receipt of a subpoena pursuant to G.S. 53B-4(13), a financial institution shall locate the financial records requested and prepare […]