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Tenn. Code Ann. § 45-10-104

Requisites for disclosure — Effect of disclosure

Known as the Financial Records Privacy Act

The act spans §§ 45-10-101 to 45-10-119 (19 sections).

Applied in 4 court decisions — leading case Walker v. White (2002)

Most recently applied in James Heflin v. Iberiabank Corporation (January 2018)

Acts 1983, ch. 224, § 4; 1995, ch. 309, § 4; 2003, ch. 98, § 1.

How often courts cite this section

1985199020002010201810
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

(1) Except as provided in § 45-10-103, a financial institution may not disclose to any person, except to the customer or the customer's agent, any financial records relating to that customer unless: The customer has authorized disclosure to that person as provided in § 45-10-105; or

(2) The financial records are disclosed in response to a lawful subpoena that meets the requirements of §§ 45-10-106 and 45-10-107.

(3) Nothing in this chapter shall preclude any financial institution, or any officer, employee, or agent of a financial institution, from notifying a government authority that the institution, or officer, employee, or agent has information that the financial institution or its representative believes may be relevant to a possible violation of any statute or regulation. The information may include the name or other identifying or descriptive information concerning any individual, corporation, or account involved in any suspected illegal activity, and a description of the activity. The information may be disclosed notwithstanding any law or regulation of this state to the contrary. Nothing in this section shall create any duty to provide any information to a governmental authority except in accordance with subsection (a), nor relieve any duty to provide information to a governmental authority when otherwise required by law. Any financial institution, or officer, employee, or agent thereof making a disclosure of information pursuant to this subsection (b), shall not be liable to any person under any law or regulation of this state or political subdivision thereof, for disclosure or for any failure to disclose information required or permitted under this section.

Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.