When a (divorce) subpoena for a customer of ours requests deposited items, are we required to provide them? Wouldn't that be violating the privacy of the people who wrote the deposited checks? The atty is requesting 5 years of activity on accounts, including a business account, which could potentially mean a lot of customer/non-customer information in deposited checks.

No. You are required to comply with the subpoena.

I have always provided the documents in the past, but if you consider the information on my check to be confidential, it seems to be a violation of privacy. It's one thing if I voluntarily give my check and checking account information to a business as a form of payment, but it seems like something else entirely if a divorce lawyer's subpoena obtains the information without my consent or knowledge when I'm not a party to the divorce.

Thanks so much for your help.

Sec. 1016.15 Other exceptions to notice and opt out requirements.

(a) Exceptions to opt out requirements. The requirements for initial notice in §1016.4(a)(2), for the opt out in §§1016.7 and 1016.10, and for service providers and joint marketing in §1016.13 do not apply when you disclose nonpublic personal information:

(7)(i) To comply with Federal, state, or local laws, rules and other applicable legal requirements;

(ii) To comply with a properly authorized civil, criminal, or regulatory investigation, or subpoena or summons by Federal, state, or local authorities;

You also may want to contact the attorney and ask if they really want five years worth of data. Many times, they are really looking for a specific period of time, but will throw a request against the wall hoping it will stick.