TRADE AND COMMERCE
RIGHT TO PRIVACY
359-C:4 Access to Records.
I. Except as provided in RSA 359-C:11, no officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings, may request or receive copies of, or the information contained in, the financial or credit records of any customer from a financial institution or creditor unless the financial or credit records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to such request and:
(a) Such customer has authorized such disclosure under RSA 359-C:7;
(b) Such financial records are disclosed in response to an administrative subpoena meeting the requirements set forth in RSA 359-C:8;
(c) Such financial records are disclosed in response to a search warrant meeting the requirements set forth in RSA 359-C:9; or
(d) Such financial records are disclosed in response to a judicial subpoena or subpoena duces tecum pursuant to RSA 359-C:10.
III. Nothing in this section or in RSA 359-C:7, 359-C:8, 359-C:9 or 359-C:10 shall require a financial institution or creditor to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein; provided only that the customer authorization, administrative subpoena or summons, search warrant or judicial subpoena or order served on or delivered to a financial institution or creditor pursuant to such sections shows compliance on its face. The burden of proof to show compliance with this chapter shall be on the agency or body issuing such order.
IV. The financial institution or creditor shall maintain for a period of 5 years a record of all examinations or disclosures of the financial or credit records of a customer including the identity and purpose of the person examining the financial or credit records, the state or local agency or department thereof which he represents and, where applicable, a copy of the customer authorization, subpoena, summons or search warrant providing for such examination or disclosure or a copy of the certified crime report received pursuant to RSA 359-C:11, II. Any record maintained pursuant to this paragraph shall be available at the office or branch where the customer's account is located during normal business hours for review by the customer upon request. A copy of such record shall be furnished to the customer upon request and payment of the reasonable cost thereof.
Source. 1977, 594:1. 1983, 174:3. 1992, 268:3, 4, eff. July 17, 1992.