1. (1) As used in this part:

   1. (a) "Account holder" means a person for whom an account is held by a financial institution.

   2. (b) "Governmental entity" means:

      1. (i) the state, including:

         1. (A) a department;
         2. (B) an institution;
         3. (C) a board;
         4. (D) a division;
         5. (E) a bureau;
         6. (F) an office;
         7. (G) a commission;
         8. (H) a committee; or
         9. (I) an elected official; and

      2. (ii) a political subdivision of the state, including:

         1. (A) a county;
         2. (B) a city;
         3. (C) a town;
         4. (D) a school district;
         5. (E) a public transit district;
         6. (F) a redevelopment agency;
         7. (G) a special improvement district; or
         8. (H) a taxing district.

   3. (c) "Nonprotected record" means a record maintained by a financial institution to facilitate the conduct of the financial institution's business regarding a person or account, including:

      1. (i) the existence of an account;
      2. (ii) the opening and closing dates of an account;
      3. (iii) the name under which an account is held; and
      4. (iv) the name, address, and telephone number of an account holder.
   4. (d) "Protected record" means a record that is not defined as a nonprotected record.

   5. (e) "Record" means information that is:

      1. (i) prepared, owned, received, or retained by a financial institution;

      2. (ii)

         1. (A) inscribed on a tangible medium; or
         2. (B) stored in an electronic or other medium; and
      3. (iii) retrievable in perceivable form.

2. (2) Except for a governmental entity listed in Subsection 7-1-1006(1), an individual acting on behalf of a governmental entity may not request, obtain by subpoena, or otherwise obtain information from a state or federally chartered financial institution that constitutes a record reflecting the financial condition of any person without first obtaining:

   1. (a) written permission from all account holders of the account referenced in the record to be examined; or
   2. (b) an order from a court of competent jurisdiction permitting access to the record.
3. (3) This section does not apply to a review made by the commissioner to determine whether a financial institution is operating in accordance with law.

Amended by Chapter 381, 2009 General Session