§ 1-302. Disclosure of financial records prohibited; exceptions

   Except as otherwise expressly provided in this subtitle, a fiduciary institution, its officers, employees, agents, and directors:

   (1) May not disclose to any person any financial record relating to a customer of the institution unless:

      (i) The customer has authorized the disclosure to that person;

      (ii) Proceedings have been instituted for appointment of a guardian of the property or of the person of the customer, and court-appointed counsel presents to the fiduciary institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court;

      (iii) The customer is disabled and a guardian is appointed or qualified by a court, and the guardian presents to the fiduciary institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court;

      (iv) The customer is deceased and a personal representative is appointed or qualified by a court, and the personal representative presents to the fiduciary institution letters of administration issued by or under the direction or supervision of the court or an officer of the court;

      (v) The Department of Human Resources requests the financial record in the course of verifying the individual's eligibility for public assistance;

      (vi) The institution received a request, notice, or subpoena for information directly from the Child Support Enforcement Administration of the Department of Human Resources under § 10-108.2, § 10-108.3, or § 10-108.5 of the Family Law Article or indirectly through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or

      (vii) The institution received a request, notice, or subpoena for information directly from the Comptroller under § 13-804 or § 13-812 of the Tax - General Article;

   (2) Shall disclose any information requested in writing by the Department of Human Resources relative to moneys held in a savings deposit, time deposit, demand deposit, or any other deposit held by the fiduciary institution in the name of the individual who is a recipient or applicant for public assistance; and

   (3) Shall disclose any information requested in writing by the Comptroller relative to moneys held in a savings deposit, time deposit, demand deposit, or any other deposit held by the fiduciary institution in the name of an individual whose property is subject to a tax lien.

HISTORY: An. Code 1957, art. 11, § 225; 1980, ch. 33, § 2; ch. 457; 1984, ch. 683; 1992, ch. 578; 1997, ch. 609, § 1; 1999, ch. 40; 2002, ch. 536, § 2; 2003, ch. 203, § 24.