TRADE AND COMMERCE
RIGHT TO PRIVACY
In this chapter:
I. "Credit" means any permission granted to any person to defer payment of any debt, or to incur any debt and defer payment of such debt.
II. "Creditor" means any person who regularly extends, or arranges for the extension of, credit for which the payment of a finance charge is required, whether such credit is extended by means of any card, coupon book, or other device which may be used for the purpose of obtaining any money, property, labor, service, or other thing of value on credit, or by any other means.
III. "Credit record" means any information held by any creditor concerning:
(a) Any person to whom such creditor extends any credit; or
(b) Any person seeking to obtain any credit from such creditor.
IV. "Customer" means any person who has transacted business with or has used the services of a financial institution or a creditor, or for whom a financial institution has acted as a fiduciary, in relation to an account maintained in the person's name.
V. "Financial institution" means:
(a) Any bank, trust company, savings and loan association, building and loan association, homestead association, or credit union which is organized under the laws of any state or of the United States; and
(b) Any other person organized under the banking laws of any state.
VI. "Financial record" means any information held by any financial institution concerning:
(a) Any debit or credit to any deposit or share account with such financial institution; or
(b) Any person who maintains, or has maintained, any such account or who transacts, or has transacted, any other business with such financial institution.
VII. "Investigation" includes, but is not limited to, any inquiry by a peace officer, sheriff, or county attorney or any inquiry made for the purpose of determining whether there has been a violation of any law enforceable by imprisonment, fine, or monetary liability.
VIII. "Local agency" includes a county; city; town; school district; municipal corporation; district; political subdivision or any board, commission or agency thereof; or other local public agency.
IX. (a) "Person" means an individual, partnership, corporation, association, trust or other legal entity organized under the laws of this state.
(b) In the case of a partnership, corporation, association, trust or other legal entity, the term "person" shall also mean:
(1) Any partner in a partnership, any director or officer of a corporation, any trustee of a trust, or any member of an association; or
(2) Any agent who is authorized to maintain an account or transact business with a financial institution on behalf of a partnership, corporation, association, trust or other legal entity organized under the laws of this state.
X. "State agency" means every state office, officer, department, division, bureau, board, and commission or other state agency.
XI. "Supervisory agency" means:
(a) Any authority of any state or of any political subdivision of any state which is required by law to examine or audit any financial record of any financial institution; and
(b) Any authority of any state or of any political subdivision of any state which the United States Secretary of the Treasury by regulation determines to be exercising supervisory functions over any financial institution which are substantially similar to those supervisory functions exercised by the Federal Deposit Insurance Corporation, the Federal Savings and Loan Insurance Corporation, the Office of Thrift Supervision, the National Credit Union Administration, the Federal Reserve Board, the Comptroller of the Currency or the Federal Communications Commission.
Source. 1977, 594:1. 1983, 174:2. 1991, 107:1. 1992, 268:2, eff. July 17, 1992.