Sec. 36a-43. (Formerly Sec. 36-9l). Disclosure of financial records pursuant to lawful authority.
Sec. 36a-43. (Formerly Sec. 36-9l). Disclosure of financial records pursuant
to lawful authority. (a) Except as provided in section 36a-44, a financial institution
shall disclose financial records pursuant to a lawful subpoena, summons, warrant or
court order served upon it if the party seeking the records causes such subpoena, summons, warrant or court order or a certified copy thereof to be served upon the customer
whose records are being sought, at least ten days prior to the date on which the records
are to be disclosed, provided a court of competent jurisdiction, for good cause, may
waive service of such subpoena, summons, warrant or court order, or certified copy
thereof, upon such customer. If such subpoena was issued by the Commissioner of
Administrative Services or the Commissioner of Social Services pursuant to section
17b-137, 17b-452 or 17b-454, service of such subpoena upon the customer shall not be
required.
(b) A customer of a financial institution shall have standing to challenge a subpoena
of the customer's financial records, by filing an application or motion to quash in a court
of competent jurisdiction. Upon the filing of such application or motion by the customer,
and service of such application or motion upon the financial institution and the person
issuing the subpoena, production of the records shall be stayed, without liability to the
financial institution, until the court holds a hearing on the motion or application and an
order is entered sustaining, modifying or quashing the subpoena.
(c) A financial institution shall disclose financial records pursuant to a certificate,
signed by the Commissioner of Administrative Services or the Commissioner of Social
Services in accordance with the provisions of section 36a-42, or pursuant to an
agreement with the IV-D agency under subsection (c) of section 17b-137.
(d) No such financial institution shall be held civilly or criminally responsible for
disclosure of financial records pursuant to a certificate, subpoena, summons, warrant
or court order which on its face appears to have been issued upon lawful authority.
(P.A. 77-294, S. 3, 6; P.A. 79-361, S. 2; P.A. 81-61, S. 2; P.A. 86-161; P.A. 88-251; P.A. 89-264, S. 1; P.A. 93-262,
S. 62, 87; P.A. 94-122, S. 24, 340; June 18 Sp. Sess. P.A. 97-7, S. 14, 38; P.A. 01-209, S. 5, 7; P.A. 05-139, S. 1.)
History: P.A. 79-361 made previous provisions Subsecs. (a) and (c), inserting new Subsec. (b) re disclosure of records
under certificate signed by administrative services commissioner and adding reference to such certificates in Subsec. (c);
P.A. 81-61 amended Subsec. (a) to provide that if a subpoena is issued by the commissioner of administrative services,
income maintenance or human resources service upon the customer is not required, and amended Subsec. (b) to require
disclosure pursuant to a certificate signed by the commissioner of income maintenance or human resources and to delete
the requirement that a copy of the certificate be mailed to the customer five days prior to disclosure; P.A. 86-161 amended
Subsec. (a) to make the party seeking the disclosure of a customer's financial records responsible for serving the subpoena
or similar legal document on the customer; P.A. 88-251 inserted new Subsec. (b) re a customer's standing to challenge a
subpoena of his financial records and relettered previously existing Subsecs; P.A. 89-264 amended Subsec. (a) by adding
exception re Sec. 36-9m; P.A. 93-262 changed reference to commissioners of income maintenance and human resources
to commissioner of social services, effective July 1, 1993; P.A. 94-122 made technical changes, effective January 1, 1995;
Sec. 36-9l transferred to Sec. 36a-43 in 1995; June 18 Sp. Sess. P.A. 97-7 amended Subsec. (c) by adding "or pursuant to
an agreement with the IV-D agency under subsection (c) of section 17b-137", effective July 1, 1997; P.A. 01-209 amended
Subsec. (a) to provide that if subpoena is issued pursuant to Sec. 17b-452 or 17b-454, service upon the customer is not
required, effective July 1, 2001; P.A. 05-139 amended Subsec. (b) to eliminate reference to the ten-day notice period
required by Subsec. (a) as time limit for filing application or motion to quash.
Annotations to former section 36-9l:
Cannot infer the right to a hearing from the provision for notice in statute. 179 C. 102. Cited. 188 C. 325. Cited. 219
C. 204.
Cited. 36 CA 171.
Subsec. (b):
Bank customer has no standing to challenge procedural irregularities in manner of administrative subpoena service on
financial institution in which he has account. 219 C. 204.
Cited. 28 CA 653.
Annotation to present section:
Legislative history of section fails to indicate any intent to afford customer an implied private right of action against
financial institution for its disclosure of customer's financial records in violation of section. 283 C. 136.