13A.02 ACCESS TO FINANCIAL RECORDS BY GOVERNMENT AUTHORITIES
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
(1) the customer has authorized the disclosure;
(2) the financial records are disclosed in response to a search warrant;
(3) the financial records are disclosed in response to a judicial or administrative subpoena; or
(4) the financial records are disclosed pursuant to section
or other statute or rule.
Subd. 2. Release prohibited.
No financial institution, or officer, employee, or agent of a
financial institution, may provide to any government authority access to, or copies of, or the
information contained in, the financial records of any customer except in accordance with the
provisions of this chapter.
Nothing in this chapter shall require a financial institution to inquire or determine that those
seeking disclosure have duly complied with the requirements of this chapter, provided only that
the customer authorization, search warrant, subpoena, or written certification pursuant to section
609.535, subdivision 6
, or other statute or rule, served on or delivered to a financial institution
shows compliance on its face.
Subd. 3. Notice to customer.
Within 180 days after a government authority obtains access to
the financial records of a customer pursuant to a search warrant or a judicial or administrative
subpoena, it shall notify the customer of its action unless a delay of notice is obtained pursuant
. The notice shall be sufficient to inform the customer of the name of the
government authority or government authorities having had access to the records, the financial
records to which access was obtained, and the purpose of the law enforcement inquiry, including
transfers of financial records made pursuant to subdivision 5. Notice may be given by providing
the customer with a copy of the search warrant or subpoena.
Subd. 4. Duty of financial institutions.
Upon receipt of a request for financial records
made by a government authority, the financial institution shall, unless otherwise provided by
law, proceed to assemble the records requested within a reasonable time and be prepared to
deliver the records to the government authority upon receipt of the search warrant or subpoena
required under this section.
Subd. 5. Use of information.
Financial records originally obtained pursuant to this chapter
may be transferred to another government authority provided the transferred records are pertinent
and necessary to the receiving authority in initiating, furthering, or completing a law enforcement
When financial records subject to this chapter are transferred to another government
authority, the transferring authority shall include the name of the receiving authority and the
financial records transferred in the notice required by subdivision 3 of this section or, if the
transfer occurs after the notice has been sent to the customer, the transferring authority shall, upon
written request by the customer, inform the customer of the name of the government authority to
which the financial records were transferred.
Subd. 6. Status of records.
All financial records obtained by a government authority
pursuant to this section are subject to the provisions of section
13.82, subdivision 7
History: 1983 c 225 s 2; 1999 c 227 s 22