7-1-1001. Definitions -- Written consent or court order for disclosure by financial institution -- Exception.
(1) As used in this part: "Account holder" means a person for whom an account is held by a financial institution. "Governmental entity" means: the state, including: a department; an institution; a board; a division; a bureau; an office; a commission; a committee; or an elected official; and a political subdivision of the state, including: a county; a city; a town; a school district; a public transit district; a redevelopment agency; a special improvement district; or a taxing district. "Nonprotected record" means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including: the existence of an account; the opening and closing dates of an account; the name under which an account is held; and the name, address, and telephone number of an account holder. "Protected record" means a record that is not defined as a nonprotected record. "Record" means information that is: prepared, owned, received, or retained by a financial institution; inscribed on a tangible medium; or stored in an electronic or other medium; and retrievable in perceivable form.
(2) Except for a governmental entity listed in Subsection, an individual acting on behalf of a governmental entity may not request, obtain by subpoena, or otherwise obtain information from a state or federally chartered financial institution that constitutes a record reflecting the financial condition of any person without first obtaining: 7-1-1006(1) written permission from all account holders of the account referenced in the record to be examined; or an order from a court of competent jurisdiction permitting access to the record.
(3) This section does not apply to a review made by the commissioner to determine whether a financial institution is operating in accordance with law.