Maine Revised Statutes Title 9-B Sec. 162 – Disclosure of financial records prohibited; exceptions
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A financial institution authorized to do business in this State or credit union authorized to do business in this State or its affiliates may not disclose to any person, except to the customer or the customer’s duly authorized agent, any financial records relating to that customer of that financial institution or credit union unless: [PL 2001, c. 262, Pt. B, §4 (AMD).]
1. Authorized disclosure. The customer has authorized disclosure to the person;
[PL 1997, c. 537, §1 (AMD); PL 1997, c. 537, §62 (AFF).]
Terms Used In Maine Revised Statutes Title 9-B Sec. 162
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Affiliate: means any company that controls, is controlled by, or is under common control with another company. See Maine Revised Statutes Title 9-B Sec. 131
- Bureau: means the Bureau of Financial Institutions. See Maine Revised Statutes Title 9-B Sec. 131
- Credit union: means a cooperative, nonprofit corporation organized pursuant to Part 8, or under corresponding provisions of any earlier law, and subject to the conditions and limitations as shall be set forth in Part 8. See Maine Revised Statutes Title 9-B Sec. 131
- Customer: means any person as that term "person" is defined in section 131, subsection 30 who utilized or is utilizing any service of a financial institution authorized to do business in this State or a credit union authorized to do business in this State or for whom a financial institution authorized to do business in this State or a credit union authorized to do business in this State is acting or has acted as a fiduciary in relation to an account maintained in the person's name. See Maine Revised Statutes Title 9-B Sec. 161
- Dependent: A person dependent for support upon another.
- Financial institution: means a universal bank or limited purpose bank organized under the provisions of this Title, and a trust company, nondepository trust company, savings bank, industrial bank or savings and loan association organized under the prior laws of this State. See Maine Revised Statutes Title 9-B Sec. 131
- Financial records: means the originals or copies of records held by a financial institution authorized to do business in this State or a credit union authorized to do business in this State or their agents or affiliates pertaining to a customer's relationship with the financial institution or credit union and includes information derived from such records. See Maine Revised Statutes Title 9-B Sec. 161
- Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
- Person: means an individual, corporation, partnership, joint venture, trust, estate or unincorporated association. See Maine Revised Statutes Title 9-B Sec. 131
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
2. Disclosure in response to legal process. The financial records are disclosed in response to a lawful subpoena, summons, warrant or court order that meets the requirements of section 163;
[PL 2001, c. 211, §1 (AMD).]
3. Disclosure in response to a request by the Department of Health and Human Services. The financial records are disclosed in response to a request for information by the Department of Health and Human Services for purposes related to establishing, modifying or enforcing a child support order;
[PL 2007, c. 108, §1 (AMD).]
4. Disclosure in response to a request by the Department of Labor. The financial records are disclosed in response to a notice of levy issued by the Department of Labor pursuant to Title 26, section 1233;
[PL 2009, c. 213, Pt. AAAA, §2 (AMD).]
5. Disclosure to the Department of Health and Human Services upon suspicion of financial exploitation. The financial records are disclosed to the Department of Health and Human Services pursuant to Title 22, section 3479 because a financial institution authorized to do business in this State or its affiliate or a credit union authorized to do business in this State or its affiliate has reasonable cause to suspect that an incapacitated or dependent adult has been or is at substantial risk of abuse, neglect or exploitation; or
[PL 2009, c. 213, Pt. AAAA, §3 (AMD).]
6. Disclosure in response to a request by the Department of Administrative and Financial Services, Bureau of Revenue Services. The financial records are disclosed in response to a request for information by the Department of Administrative and Financial Services, Bureau of Revenue Services for purposes related to establishing, modifying or enforcing tax debts.
[PL 2009, c. 213, Pt. AAAA, §4 (NEW).]
7. Disclosure of notice of mortgagor‘s right to cure. The financial records pertain to a notice of mortgagor’s right to cure and are disclosed to the Bureau of Consumer Credit Protection pursuant to Title 14, section 6111, subsection 3-A.
[PL 2009, c. 402, §8 (NEW).]
SECTION HISTORY
PL 1977, c. 416 (NEW). PL 1997, c. 537, §1 (AMD). PL 1997, c. 537, §62 (AFF). PL 2001, c. 211, §§1,2 (AMD). PL 2001, c. 262, §B4 (AMD). PL 2003, c. 689, §B6 (REV). PL 2007, c. 108, §§1-3 (AMD). PL 2009, c. 213, Pt. AAAA, §§2-4 (AMD). PL 2009, c. 402, §8 (AMD).