Answer by Trent Fleming:
Although I can't give you true legal guidance, I would offer that you are correct - the recent OCC case in Colorado, involving bank employees sending customer information via non-secure email seems to confirm your suspicion.
Answer by Richard Insley:
It's at least a security problem, if not privacy. No one intends for messages to be intercepted and read by unauthorized parties, so it's not quite the same level of concern as delivery of privileged info to unauthorized parties.
First published on BankersOnline.com 10/02/06