Title 12 — Banks and Banking
Chapter 35 — Right to Financial Privacy
§ 3402. Access to financial records by Government authorities prohibited; exceptions
Statutory text
Except as provided by section 3403(c) or (d), 3413, or 3414 of this title, 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—
such customer has authorized such disclosure in accordance with section 3404 of this title;
such financial records are disclosed in response to an administrative subpena or summons which meets the requirements of section 3405 of this title;
such financial records are disclosed in response to a search warrant which meets the requirements of section 3406 of this title;
such financial records are disclosed in response to a judicial subpena which meets the requirements of section 3407 of this title; or
such financial records are disclosed in response to a formal written request which meets the requirements of section 3408 of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Right to Financial Privacy Act of 1978
Pub. L. 95–630 title XI § 1102 · 92 Stat. 3641
Enacted · 12 U.S.C. § 3402
(Pub. L. 95–630, title XI, § 1102, Nov. 10, 1978, 92 Stat. 3697.)
Source evidence
Code source credit
(Pub. L. 95–630, title XI, § 1102, Nov. 10, 1978, 92 Stat. 3697.)Enacted provision · exact public law section
Sec. 1102. confidentiality of records—government authorities Except as provided by section 1103 (c) or (d), 1113, or 12 USC 3402. 1114, no Government authority may have access to or obtain copies of, or the information contained m the financial records of any customer from a financial institution unless the financial records are reasonably described and— (1) such customer has authorized such disclosure in accordance with section 1104; (2) such financial records are disclosed in response to an administrative subpena or summons which meets the requirements of section 1105; (3) such financial records are disclosed in response to a search warrant which meets the requirements of section 1106; (4) such financial records are disclosed in response to a judicial subpena which meets the requirements of section 1107; or (5) such financial records are disclosed in response to a formal written request which meets the requirements of section 1108.
1 of 1 references resolved to an enrolled provision
Statutory Notes and Related Subsidiaries
Effective Date
Section effective upon the expiration of 120 days after , see section 2101 of Pub. L. 95–630, set out as a note under section 375b of this title.