408.690. Nonprohibited disclosure activities.
Nonprohibited disclosure activities.
408.690. 1. Nothing in sections 408.675 to 408.700prohibits any supervisory agency from exchanging examinationreports or other information with another supervisory agency.Nothing in sections 408.675 to 408.700 prohibits the transfer ofa customer's financial records needed by counsel for agovernment authority to defend an action brought by thecustomer. Nothing in sections 408.675 to 408.700 shallauthorize the withholding of information by any officer oremployee of a supervisory agency from a duly authorizedcommittee of the general assembly.
2. Nothing in sections 408.675 to 408.700 prohibits theexchange of financial records or other information with respectto a financial institution among and between the supervisoryagencies of the federal Financial Institutions ExaminationCouncil and the Missouri division of finance.
3. Nothing in sections 408.675 to 408.700 prohibits thedisclosure of any financial records or information which is notidentified with or identifiable as being derived from thefinancial records of a particular customer.
4. Nothing in sections 408.675 to 408.700 prohibitsexamination by or disclosure to any supervisory agency offinancial records or information in the exercise of itssupervisory, regulatory, or monetary functions with respect to afinancial institution.
5. Nothing in sections 408.675 to 408.700 shall prohibitthe disclosure of financial records or information required tobe reported in accordance with any federal statute or rulepromulgated thereunder.
6. Nothing in sections 408.675 to 408.700 prohibitsdisclosure if the financial records are sought by a governmentauthority under the Missouri rules of civil or criminalprocedure or comparable rules of other courts in connection withlitigation to which a government authority is a party.
7. Nothing in sections 408.675 to 408.700 shall prohibitdisclosure of financial records to the department of socialservices pursuant to sections 660.325 to 660.355, RSMo, orsection 578.387, RSMo.
8. Nothing in sections 408.675 to 408.700 shall apply torequests made by the department of social services of the stateof Missouri to obtain information from the federal parentlocator service of the United States Department of Health andHuman Services.
9. Nothing in sections 408.675 to 408.700 shall apply toprohibit a financial institution from complying with a properlyserved summons to garnishee or to written interrogatoriesexhibited to a financial institution which has been properlysummoned as garnishee.
10. Nothing in sections 408.675 to 408.700 shall apply toprohibit a financial institution from complying with a properlyserved income withholding order issued pursuant to section452.350 or 454.505, RSMo.
11. The requirements of sections 408.675 to 408.700 shallnot apply when a government authority by a means described insection 408.677 and for a legitimate government investigation isseeking only the name, address, account number, and type ofaccount of any customer or ascertainable group of customersassociated with a financial transaction or class of financialtransactions.
12. Nothing in sections 408.675 to 408.700 shall precludeany financial institution, or any officer, employee, or agent ofa financial institution, from notifying a government authoritythat such institution, officer, employee, or agent hasinformation which may be relevant to a possible violation of anystatute or regulation. Such information may be disclosednotwithstanding any law, or regulation of this state orpolitical subdivision of this state to the contrary. Anyfinancial institution, officer, employee, or agent thereof,making a disclosure of information pursuant to this subsection,shall not be liable to the customer under any law or regulationof this state or political subdivision of this state for suchdisclosure or for any failure to notify the customer of suchdisclosure.
13. Nothing in sections 408.675 to 408.700 shall preclude afinancial institution, as an incident to perfecting a securityinterest or proving a claim in bankruptcy, or collecting on adebt owing to the financial institution itself or in its role asa fiduciary, from providing copies of any financial recordrelevant to such action to any court of competent jurisdictionor government authority. Nothing in sections 408.655 and408.675 to 408.700 shall preclude a financial institution as anincident to processing an application for assistance to acustomer in the form of a government loan, loan guaranty, loaninsurance agreement, administering or processing a default on agovernment guaranteed or insured loan, from initiating contactwith an appropriate government authority for the purpose ofproviding any financial record necessary to permit suchauthority to carry out its responsibilities under such loan,loan guaranty, or loan insurance agreement.
14. Nothing in sections 408.675 to 408.700 shall preclude agovernmental authority from obtaining information that is a partof a public record without regard to sections 408.675 to 408.700even though such information may have been derived from afinancial institution.
15. Nothing in sections 408.675 to 408.700 will preclude agovernmental authority acting pursuant to sections 447.500 to447.585, RSMo, from obtaining any information required by suchsections for the purpose of administering sections 447.500 to447.585, RSMo, without regard to sections 408.675 to 408.700;provided however, any information so derived shall not be usedfor any other purpose.
16. Nothing in sections 408.675 to 408.700 shall apply to alaw enforcement inquiry or to a government authority orgovernment employee engaged in a law enforcement inquiry.
17. Nothing in sections 408.675 to 408.700 shall apply toany requests made by any United States agency or department orany official employee or agent thereof authorized to obtaininformation from any financial institution if such agency oragencies are authorized by the federal Financial Privacy Act of1978, as amended, to receive such information without compliancewith the federal Financial Privacy Act of 1978, as amended.
18. The requirements of sections 408.675 to 408.700 shallnot apply to the state auditor or any person appointed by himwhen obtaining information pursuant to section 29.235, RSMo.
19. Nothing in sections 408.655 and 408.675 to 408.700shall apply to requests made by the Division of EmploymentSecurity pursuant to chapter 288, RSMo.
20. Nothing in sections 408.675 to 408.700 shall apply toexaminations or audits of preneed trust accounts or jointaccounts performed by staff of the division of professionalregistration when ordered by the state board of embalmers andfuneral directors under the provisions of chapter 436, RSMo.
(L. 1989 H.B. 82 § 11)