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Statutes Text

Article - Financial Institutions




§1–302.

    Except as otherwise expressly provided in this subtitle, a fiduciary institution, its officers, employees, agents, and directors:

        (1)    May not disclose to any person any financial record relating to a customer of the institution unless:

            (i)    The customer has authorized the disclosure to that person;

            (ii)    Proceedings have been instituted for appointment of a guardian of the property or of the person of the customer, and court–appointed counsel presents to the fiduciary institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court;

            (iii)    The customer is disabled and a guardian is appointed or qualified by a court, and the guardian presents to the fiduciary institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court;

            (iv)    The customer is deceased and a personal representative is appointed or qualified by a court, and the personal representative presents to the fiduciary institution letters of administration issued by or under the direction or supervision of the court or an officer of the court;

            (v)    The Department of Human Services requests the financial record in the course of verifying the individual’s eligibility for public assistance;

            (vi)    The institution received a request, notice, or subpoena for information directly from the Child Support Administration of the Department of Human Services under § 10–108.2, § 10–108.3, or § 10–108.5 of the Family Law Article or indirectly through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or

            (vii)    The institution received a request, notice, or subpoena for information directly from the Comptroller under § 13–804 or § 13–812 of the Tax – General Article;

        (2)    Shall disclose any information requested in writing by the Department of Human Services relative to money held in a savings deposit, time deposit, demand deposit, or any other deposit held by the fiduciary institution in the name of the individual who is a recipient or applicant for public assistance; and

        (3)    Shall disclose any information requested in writing by the Comptroller relative to money held in a savings deposit, time deposit, demand deposit, or any other deposit held by the fiduciary institution in the name of an individual whose property is subject to a tax lien.



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