SF 2127

as introduced - 79th Legislature (1995 - 1996) Posted on 12/15/2009 12:00am

  1.1                          A bill for an act 
  1.2             relating to data privacy; eliminating use of 
  1.3             administrative subpoena for government access to 
  1.4             certain financial records; amending Minnesota Statutes 
  1.5             1994, section 13A.02, subdivisions 1 and 3. 
  1.6   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: 
  1.7      Section 1.  Minnesota Statutes 1994, section 13A.02, 
  1.8   subdivision 1, is amended to read: 
  1.9      Subdivision 1.  [ACCESS BY GOVERNMENT.] Except as 
  1.10  authorized by this chapter, no government authority may have 
  1.11  access to, or obtain copies of, or the information contained in, 
  1.12  the financial records of any customer from a financial 
  1.13  institution unless the financial records are reasonably 
  1.14  described and:  
  1.15     (1) the customer has authorized the disclosure; 
  1.16     (2) the financial records are disclosed in response to a 
  1.17  search warrant; 
  1.18     (3) the financial records are disclosed in response to a 
  1.19  judicial or administrative subpoena; or 
  1.20     (4) the financial records are disclosed pursuant to section 
  1.21  609.535 or other statute or rule.  
  1.22     Sec. 2.  Minnesota Statutes 1994, section 13A.02, 
  1.23  subdivision 3, is amended to read: 
  1.24     Subd. 3.  [NOTICE TO CUSTOMER.] Within 180 days after a 
  1.25  government authority obtains access to the financial records of 
  2.1   a customer pursuant to a search warrant or a judicial or 
  2.2   administrative subpoena, it shall notify the customer of its 
  2.3   action unless a delay of notice is obtained pursuant to section 
  2.4   13A.03.  The notice shall be sufficient to inform the customer 
  2.5   of the name of the government authority or government 
  2.6   authorities having had access to the records, the financial 
  2.7   records to which access was obtained, and the purpose of the law 
  2.8   enforcement inquiry, including transfers of financial records 
  2.9   made pursuant to subdivision 5.  Notice may be given by 
  2.10  providing the customer with a copy of the search warrant or 
  2.11  subpoena.