legislation: 94-hr-15850
Data license: Public Domain (U.S. Government data) · Data source: Federal Register API & Regulations.gov API
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| 94-hr-15850 | 94 | hr | 15850 | Right to Private Records Act | Right of privacy | 1976-10-01 | 1976-10-01 | Referred to House Committee on the Judiciary. | House | Rep. Koch, Edward I. [D-NY-18] | NY | D | K000302 | 5 | Right to Private Records Act - Prohibits any financial institution from disclosing to any State or to any subdivision of any State any financial record of a customer unless such customer has so authorized or a valid search warrant, subpena or summons has been obtained according to the terms of this Act. States that no officer, employee or agent of any financial institution, communication common carrier, creditor or credit reporting agency holding any financial, toll, or credit record who is required by law to notify any law enforcement official or any political subdivision of any State of any criminal law violation which such person believes is being committed shall disclose any information except in accordance with this Act. Makes provisions for general or limited authorization of disclosure of any financial, toll, or credit record by means of a written statement containing specified information. Permits revocation of such authorization by written notification at any time, and otherwise limits to one year, any authorization to disclose. Prohibits any financial institution, communication common carrier, creditor, credit reporting agency or other person from requiring any person to make such authorization as a condition for doing business. Prescribes standards for the issuance of search warrants and judicial subpenas. Provides that a court may grant a subpena with a temporary delay of notification for a period of not greater than 90 days following the date of issuance if it finds, on the basis of an affadavit or sworn testimony, that it has been affirmatively demonstrated that such notification would jeopardize a continuing investigation of any crimes enumerated in this Act. Allows courts to enter ex parte orders granting an additional delay of such notification period not to exceed 180 days. Requires judges who grant or deny such delays to report to the Administrative Office of the United States Courts the particulars of such request. States that the Director of such office shall transmit to the Congress an annual report concerning the number of applications for extension of delay and the number of extensions granted or denied during the preceding calendar year. Grants standing to move to quash a subpena to any person to whom the financial, toll, or credit record ordered to be disclosed relates. Prohibits any officer, employee, or agent of any person or government agency from intercepting, in the course of carrying out the business operations of such person or agency, oral or wire communications by or to any other officer, employee, or agent of such person or agency unless: (1) written notice is given; (2) such interceptions are for the purpose of training; (3)such interceptions occur only during the period specified in the notice required by this Act; (4) there is no recording of such communication; and (5) such person whose communication is intercepted has given written consent. | 2025-09-02T18:50:00Z |