(a) Notwithstanding §31A-2B-4 of this code, a financial institution may disclose a customer’s protected financial information to a government entity if the customer provides the financial institution with written authorization for said disclosure. The written authorization described by this section must contain the following:
- (1) A statement that the customer consents to the disclosure of the protected financial information, along with the definition provided in §31A-2B-3(14) of this code, for a specific period;
- (2) A statement that the customer has the right to refuse to consent to disclosure;
- (3) A statement that the customer understands his or her right to revoke said consent at any time before the protected financial information is disclosed;
- (4) A description of the financial records authorized to be disclosed;
- (5) The purpose for which disclosure of the protected financial information is authorized;
- (6) The recipient or recipients of the disclosure; and
- (7) The customer’s signature.
- (b) The written authorization described in this section may not be required as a condition of doing business or transacting with any financial institution.
- (c) The written authorization required by this section must be executed distinctly and separately from other agreements or instruments entered into between the customer and financial institution.