I am working on a review of the Right to Financial Privacy Act. We have not had any requests from any federal governments. I am working on updating our procedures. Our procedures state that if we receive a request we will not release the record until we receive a certification that the agency has complied with the Right to Financial Privacy Act and that documents will not be furnished for at least 14 days after the request is received.

So, if we receive a request, get the certification (not required for certain requests) and then we wait until 14 days to provide the records?

Right to Financial Privacy Act
Sec. 3411. Duty of financial institutions

Upon receipt of a request for financial records made by a Government authority under section 3405 or 3407 of this title, the financial institution shall, unless otherwise provided by law, proceed to assemble the records requested and must be prepared to deliver the records to the Government authority upon receipt of the certificate required under section 3403(b) of this title.

Generally, the certificate and the documents are exchanged in a "barrelhead" transaction; i.e. you get the certification when they get the documentation. As noted above, your bank's job is to begin working on the request as soon as you receive it. Telling the feds how long they're going to wait on you is a misallocation of courage - they will eat you alive.

Thanks. So basically we begin when we receive it and we will get the certification when they get their info.

I'd reword that a bit because you want to ensure your staff knows you hold the trump card if the Certificate isn't provided.

"We begin when we receive it and we deliver the requested info in exchange for the certification, unless the certification is not required."

Thanks John!

Under the RTFP, the certification is not required for subpoenas received from state agencies? I've looked at our state law and didn't find anything.

I am trying to put some procedures together. Going back through our records, we have never received a federal subpoena. I just want to make sure that we are not responsible for the customer notification. The certificate we receive basically certifies that the agency has complied with the notification process.

State agencies are not subject to the federal RTFP law. Some states have their own version of RTFP, and you'll need to look to state law for that information. State banker associations are often able to assist with that sort of information; local legal counsel can also help.

When, other than a grand jury subpoena, would the government NOT be required to provide certification of compliance with RFPA?