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#2178237 - 05/15/18 08:22 PM NM State RFPA
Doug Hendrickson Offline
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Doug Hendrickson
Joined: Oct 2009
Posts: 3,927
I've looked through the NM Statues but can't find anything related to a state version of the Right to Financial Privacy Act. On a rare basis we've gotten requests from local LEA to provide information on a customer, including statements, as they pursue an investigation. In addition to consulting our attorneys, which I feel the managers should do, I wanted to see if we could put some rudimentary controls in place (e.g., getting a formal request on Police or Agency letterhead signed by a senior official such as the Chief of Police). Thoughts?
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I hear and I forget. I see and I remember. I do and I understand.--Confucius

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#2178281 - 05/16/18 01:10 PM Re: NM State RFPA Doug Hendrickson
rlcarey Online
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rlcarey
Joined: Jul 2001
Posts: 83,227
Galveston, TX
I think sitting down with legal counsel is your best bet. State law may allow that you disclose very limited information to law enforcement, usually no more than confirming if a person has an account or not. Beyond that, unless the bank is involved in the issue (scam or fraud victim) most every other information request usually needs to be supported with a subpoena. Certain State agencies may also have limited powers to gather information from the bank, such as your version of Child Protective Service, Child Support Services or the Department of Health Services, but those are going to be a one-by-one proposition as to how that happens and any customer notification requirements or specific authorizations that may be required. I did not see a general RFPA in NM either.
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#2178297 - 05/16/18 02:09 PM Re: NM State RFPA Doug Hendrickson
Doug Hendrickson Offline
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Doug Hendrickson
Joined: Oct 2009
Posts: 3,927
Many thanks Randy!
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I hear and I forget. I see and I remember. I do and I understand.--Confucius

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