32-6-105. Protection of privacy. (1) No information relating to any transaction by electronic funds transfer, or application therefor, between a financial institution and its customer or prospective customer may be disclosed by the financial institution to any person or government entity without:

Terms Used In Montana Code 32-6-105

  • Financial institution: means a bank chartered under chapter 1 of this title, a bank chartered under the National Banking Acts in Title 12 of the United States Code, a building and loan association chartered under chapter 2 of this title, a savings and loan association chartered under the Home Owners' Loan Act in Title 12 of the United States Code, a credit union chartered under chapter 3 of this title, or a credit union chartered under the Federal Credit Union Act in Title 12 of the United States Code. See Montana Code 32-6-103
  • Person: means an individual, partnership, corporation, association, or any other business organization. See Montana Code 32-6-103
  • Subpoena: A command to a witness to appear and give testimony.

(a)the consent of the customer; or

(b)a subpoena issued by a court of record directing the financial institution to disclose such information to the person or government entity.

(2)Compliance with such subpoena relieves a financial institution and its employees of liability to a customer or other person for such disclosure.

(3)This section does not prevent:

(a)the examination of financial institutions by duly authorized regulatory authority or the transfer of information by a financial institution to a clearinghouse which administers transactions between financial institutions; or

(b)the access by a party to a transaction to information relating to a specific transaction.