North Carolina General Statutes 53B-5. Service on customer certification
A government authority may have access to a customer‘s financial record pursuant to N.C. Gen. Stat. § 53B-4(11) only if:
(1) The court order or subpoena describes with reasonable specificity the financial record to which access is sought;
Terms Used In North Carolina General Statutes 53B-5
- Customer: means a person who has transacted business with a financial institution or has used the services offered by a financial institution. See North Carolina General Statutes 53B-2
- Financial institution: means a banking corporation, trust company, savings and loan association, credit union, or other entity principally engaged in the business of lending money or receiving or soliciting money on deposit. See North Carolina General Statutes 53B-2
- Financial record: means an original of, a copy of, or information derived from, a record held by a financial institution pertaining to a customer's relationship with the financial institution and identified with or identifiable with the customer. See North Carolina General Statutes 53B-2
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Government authority: means an agency or department of the State or of any of its political subdivisions, including any officer, employee, or agent thereof. See North Carolina General Statutes 53B-2
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Subpoena: A command to a witness to appear and give testimony.
(2) A copy of the court order or subpoena has been served on the customer pursuant to N.C. Gen. Stat. § 1A-1, Rule 4 (j) of the N.C. Rules of Civil Procedure or by certified mail to the customer’s last known address and the court order or subpoena states the name of the government authority seeking access to the financial record and the purpose for which access is sought;
(3) The following notice has been served on the customer pursuant to N.C. Gen. Stat. § 1A-1, Rule 4 (j) of the N.C. Rules of Civil Procedure or by certified mail to the customer’s last known address together with the court order or subpoena:
“Records or information held by the financial institution named in the attached process are being sought by government authority in accordance with the North Carolina Financial Privacy Act. You may have rights under the act to challenge access to the records or information. You must, however, act within 10 days from the date this notice was served on you to make a challenge in court or the records or information will be made available. You may wish to employ an attorney to represent you and protect your rights.”;
(4) The customer has not challenged the court order or subpoena within 10 days after service by certified mail which is presumed to be received three days from mailing;
(5) The government authority has certified in writing to the financial institution that it has complied with the applicable provisions of this Chapter. (1985 (Reg. Sess., 1986), c. 1002, s. 1; 1995, c. 222, s. 1.)