New Hampshire Revised Statutes 359-C:4 – Access to Records
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I. Except as provided in N.H. Rev. Stat. § 359-C:11, no officer, employee, or agent of a state or local agency or department thereof, in connection with a civil or criminal investigation of a customer, whether or not such investigation is being conducted pursuant to formal judicial or administrative proceedings, may request or receive copies of, or the information contained in, the financial or credit records of any customer from a financial institution or creditor unless the financial or credit records are described with particularity and are consistent with the scope and requirements of the investigation giving rise to such request and:
(a) Such customer has authorized such disclosure under N.H. Rev. Stat. § 359-C:7;
(b) Such financial records are disclosed in response to an administrative subpoena meeting the requirements set forth in N.H. Rev. Stat. § 359-C:8;
(c) Such financial records are disclosed in response to a search warrant meeting the requirements set forth in N.H. Rev. Stat. § 359-C:9; or
(d) Such financial records are disclosed in response to a judicial subpoena or subpoena duces tecum pursuant to N.H. Rev. Stat. § 359-C:10.
II. [Repealed.]
III. Nothing in this section or in N.H. Rev. Stat. § 359-C:7, 359-C:8, 359-C:9 or 359-C:10 shall require a financial institution or creditor to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein; provided only that the customer authorization, administrative subpoena or summons, search warrant or judicial subpoena or order served on or delivered to a financial institution or creditor pursuant to such sections shows compliance on its face. The burden of proof to show compliance with this chapter shall be on the agency or body issuing such order.
IV. The financial institution or creditor shall maintain for a period of 5 years a record of all examinations or disclosures of the financial or credit records of a customer including the identity and purpose of the person examining the financial or credit records, the state or local agency or department thereof which he represents and, where applicable, a copy of the customer authorization, subpoena, summons or search warrant providing for such examination or disclosure or a copy of the certified crime report received pursuant to N.H. Rev. Stat. § 359-C:11, II. Any record maintained pursuant to this paragraph shall be available at the office or branch where the customer’s account is located during normal business hours for review by the customer upon request. A copy of such record shall be furnished to the customer upon request and payment of the reasonable cost thereof.
(a) Such customer has authorized such disclosure under N.H. Rev. Stat. § 359-C:7;
Terms Used In New Hampshire Revised Statutes 359-C:4
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Summons: Another word for subpoena used by the criminal justice system.
(b) Such financial records are disclosed in response to an administrative subpoena meeting the requirements set forth in N.H. Rev. Stat. § 359-C:8;
(c) Such financial records are disclosed in response to a search warrant meeting the requirements set forth in N.H. Rev. Stat. § 359-C:9; or
(d) Such financial records are disclosed in response to a judicial subpoena or subpoena duces tecum pursuant to N.H. Rev. Stat. § 359-C:10.
II. [Repealed.]
III. Nothing in this section or in N.H. Rev. Stat. § 359-C:7, 359-C:8, 359-C:9 or 359-C:10 shall require a financial institution or creditor to inquire or determine that those seeking disclosure have duly complied with the requirements set forth therein; provided only that the customer authorization, administrative subpoena or summons, search warrant or judicial subpoena or order served on or delivered to a financial institution or creditor pursuant to such sections shows compliance on its face. The burden of proof to show compliance with this chapter shall be on the agency or body issuing such order.
IV. The financial institution or creditor shall maintain for a period of 5 years a record of all examinations or disclosures of the financial or credit records of a customer including the identity and purpose of the person examining the financial or credit records, the state or local agency or department thereof which he represents and, where applicable, a copy of the customer authorization, subpoena, summons or search warrant providing for such examination or disclosure or a copy of the certified crime report received pursuant to N.H. Rev. Stat. § 359-C:11, II. Any record maintained pursuant to this paragraph shall be available at the office or branch where the customer’s account is located during normal business hours for review by the customer upon request. A copy of such record shall be furnished to the customer upon request and payment of the reasonable cost thereof.