HF 3139

as introduced - 86th Legislature (2009 - 2010) Posted on 02/24/2010 04:18pm

A bill for an act
relating to privacy; reinstating authority for release of financial records in
response to a subpoena; amending Minnesota Statutes 2009 Supplement, section
13A.02, subdivision 1.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2009 Supplement, section 13A.02, subdivision 1,
is amended to read:

Subdivision 1.

Access by government.

Except as authorized by this chapter,
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) the customer has authorized the disclosure;

(2) the financial records are disclosed in response to a search warrant;

new text begin (3) the financial records are disclosed in response to a judicial or administrative
subpoena;
new text end

deleted text begin (3) deleted text end new text begin (4) new text end the financial records are disclosed to law enforcement, a lead agency as
defined in section 626.5572, subdivision 13, or prosecuting authority that is investigating
financial exploitation of a vulnerable adult in response to a judicial subpoena or
administrative subpoena under section 388.23; or

deleted text begin (4) deleted text end new text begin (5) new text end the financial records are disclosed pursuant to section 609.535 or other
statute or rule.

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective retroactive to August 1, 2009.
new text end