(1) As used in this part:
(a) "Account holder" means a person for whom an account is held by a financial institution.
(b) "Governmental entity" means:
(i) the state, including:
(A) a department;
(B) an institution;
(C) a board;
(D) a division;
(E) a bureau;
(F) an office;
(G) a commission;
(H) a committee; or
(I) an elected official; and
(ii) a political subdivision of the state, including:
(A) a county;
(B) a city;
(C) a town;
(D) a school district;
(E) a public transit district;
(F) a redevelopment agency;
(G) a special improvement district; or
(H) a taxing district.
(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:
(i) the existence of an account;
(ii) the opening and closing dates of an account;
(iii) the name under which an account is held; and
(iv) the name, address, and telephone number of an account holder.
(d) "Protected record" means a record that is not defined as a nonprotected record.
(e) "Record" means information that is:
(i) prepared, owned, received, or retained by a financial institution;
(ii)
(A) inscribed on a tangible medium; or
(B) stored in an electronic or other medium; and
(iii) retrievable in perceivable form.
(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:
(a) written permission from all account holders of the account referenced in the record to be examined; or
(b) an order from a court of competent jurisdiction permitting access to the record.
(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.