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The 1978 Right to Financial Privacy Act (RFPA) establishes specific procedures that federal government authorities must follow in order to obtain information from a financial institution about a customer's financial records.
The case law has yielded mixed results on this issue. It is also important to note that under the RFPA covered customers are individuals or partnerships of 5 or fewer individuals. Corporations, trusts, estates, unincorporated associations such as unions, and large partnerships are not covered by the RFPA.
The RFPA applies only to the Federal Government. It does not govern requests for financial records made by private businesses or state or local governments. Further, the RFPA only protects the records of individuals and partnerships with 5 or fewer partners.
Although the Securities and Exchange Commis sion is covered by the act, it can obtain customer records from an institution without prior notice to the customer by obtaining an order from a U.S. district court.
If you give your consent, it can be revoked in writing at any time before your records are disclosed. Furthermore, any consent you give is effective for only three months, and your financial institution must keep a record of the instances in which it discloses your financial information.
Certain exceptions allow for delayed notice or no customer notice at all. Prior to passage of the Act, bank customers were not informed that their personal financial records were being turned over to a government authority and could not challenge government access to the records.
425 U.S. 435 (1976). Generally, the RFPA requires that federal government agencies provide individuals with a notice and an opportunity to object before a bank or other specified institution can disclose personal financial information to a federal government agency, often for law enforcement purposes.
Prohibition on sharing account numbers: The privacy rule prohibits a bank from disclosing an account number or access code for credit card, deposit, or transaction accounts to any nonaffiliated third party for use in marketing. The rule contains two narrow exceptions to this general prohibition.
INTRODUCTION. The Gramm-Leach-Bliley Act seeks to protect consumer financial privacy. Its provisions limit when a "financial institution" may disclose a consumer's "nonpublic personal information" to nonaffiliated third parties.