447. Customer Consent and Authorization for Access to Financial Records—ATTACHMENT to Form DOJ-462 (2024)

UNITED STATES DEPARTMENT OF JUSTICE

Washington, D.C. 20530

STATEMENT OF CUSTOMER RIGHTS UNDER THE RIGHT TO FINANCIAL PRIVACY ACT OF 1978

Federal law protects the privacy of your financial records. Before banks, savings and loan associations, credit unions, credit card issuers or other financial institutions may give financial information about you to a Federal agency, certain procedures must be followed.

Consent to Financial Records

You may be asked to consent to make your financial records available to the Government. You may withhold your consent, and your consent is not required as a condition of doing business with any financial institution. If you give your consent, it can be revoked in writing at any time before your records are disclosed. Furthermore, any consent you give is effective for only three months, and your financial institution must keep a record of the instances in which it discloses your financial information.

Without Your Consent

Without your consent, a Federal agency that wants to see your financial records may do so ordinarily only by means of a lawful subpoena, summons, formal written request,or search warrant for that purpose.

Generally, the federal agency must give you advance notice of its request for your records explaining why the information is being sought and telling you how to object in court. The Federal agency must also send you copies of court documents to be prepared by you #1th instructions for filling them out. While these procedures will be kept as simple as possible, you may want to consult with an attorney before making a challenge to a Federal agency 5 request.

Exceptions

In some circ*mstances, a Federal agency may obtain financial information about you without advance notice or your consent. In most of these cases the Federal agency will be required to go to court to get permission to obtain your records without giving you notice beforehand. In these instances, the court will make the Government show that its investigation and request for your records are proper.

When the reason for the delay of notice no longer exists, you will usually be notified that your records were obtained.

Transfer of Information

Generally, a Federal agency which obtains your financial records is prohibited from transferring them to another Federal agency unless it certifies in writing that the transfer is proper and sends a notice to you that your records have been sent to another agency.

Penalties

If a Federal agency or financial institution violates the Right To Financial Privacy Act, you may sue for damages or to seek compliance with the law. If you win, you may be repaid your attorney's fees and costs.

Additional Information

If you have any questions about your rights under this law, or about how to consent to release your financial records, please call the official whose name and telephone number appear below:

______________________________

(Name)

______________________________

(Title)

______________________________

(Government Agency)

______________________________

(Telephone)

Sec. 1104(a) of the Right To Financial

FORM DOJ-462 Attachment

Privacy Act, 12 U.S.C. Sec. 3404(a)

447. Customer Consent and Authorization for Access to Financial Records—ATTACHMENT to Form DOJ-462 (2024)

FAQs

Can the government access my bank account without my permission? ›

Financial Privacy Laws: Background

In other words, the government could access your bank records without your knowledge or consent. This ruling prompted Congress to pass the RFPA two years later. This federal law requires government officials to follow specific procedures when requesting bank records.

Which option lists three ways a government authority may obtain customer records? ›

Without your consent, a Federal agency that wants to see your financial records may do so ordinarily only by means of a lawful subpoena, summons, formal written request,or search warrant for that purpose.

Can the SEC obtain customer records without prior notice with an order from the US District Court? ›

The court order will set a delay-of-notification date, after which the customer will be notified by the institution that the SEC has obtained his or her records. Under certain circ*mstances, a government entity may request a court order delaying the customer notice for up to ninety days.

Can anyone access my bank account without my permission? ›

There are several ways that scammers can gain access to your online bank account. They could use phishing attacks, malware or other cyberattacks, or buy your credentials online after a data breach.

Can I give permission for someone to access my bank account? ›

Power of Attorney For Property

while you are living – but they DO NOT have any ownership interest of this bank account. Pro: As your Power of Attorney for Property – someone can access your Bank accounts while you are living by showing the bank a copy of your signed POA-Property.

Which of the following allows a government authority to access a customer's financial institution records? ›

The 1978 Right to Financial Privacy Act (RFPA) establishes specific procedures that federal government authorities must follow in order to obtain information from a financial institution about a customer's financial records.

What is the Chapter 35 right to financial privacy? ›

A financial institution shall not release the financial records of a customer until the Government authority seeking such records certifies in writing to the financial institution that it has complied with the applicable provisions of this chapter.

Which federal law controls the use and protection of customer records? ›

California Consumer Privacy Act (CCPA)

What does the RFPA require that the customer receive? ›

Generally, the customer must receive a written notice of the government's intent to obtain the records, explain why the records are being requested, and explain what steps the customer can follow to protect the information.

What is an example of a violation of the Privacy Act? ›

Privacy violation examples include unauthorized data sharing with third parties or using customer information for purposes beyond the scope of its intended use.

Can bank disclose customer information to third party? ›

Regardless of whether a financial institution shares nonpublic personal information, the insti- tution must provide notice of its privacy policies and practices to its customers. A financial institution generally may not disclose consumer account numbers to any nonaffiliated third party for marketing purposes.

What bank account can the IRS not touch? ›

Certain retirement accounts: While the IRS can levy some retirement accounts, such as IRAs and 401(k) plans, they generally cannot touch funds in retirement accounts that have specific legal protections, like certain pension plans and annuities. 7.

How do private investigators find hidden bank accounts? ›

Private investigators use various online resources to search for hidden bank accounts. They can use social media, search engines, restricted databases, and public records to locate bank account information.

Does the IRS watch your bank account? ›

Generally, the IRS won't go rifling through your bank account transactions unless they have a good reason to. Some situations that could trigger deeper scrutiny include: An audit – If you're being audited, especially for issues like unreported income, the IRS may request bank records.

Can the federal government look at your bank account? ›

Internal Revenue Code Section 7602 – Gives the IRS right to examine any books, records or data related to determining tax liability. Bank Secrecy Act – Requires banks to maintain records and report certain transactions to detect money laundering and tax evasion.

Can the government see the money in your bank account? ›

Depositing a big amount of cash that is $10,000 or more means your bank or credit union will report it to the federal government. The $10,000 threshold was created as part of the Bank Secrecy Act, passed by Congress in 1970, and adjusted with the Patriot Act in 2002.

Can the federal government see your bank account? ›

Does the government watch my bank account? Generally, no. The government can seek a search warrant, apply for a subpoena if you become a suspicious person in their eyes and can persuade a judge to go along. But the government can no more demand information about your account than your neighbor could.

Can government take money from your bank account? ›

The IRS can take money out of your bank account when you have an unpaid tax bill, but levies aren't automatic. If you owe unpaid tax debts to the federal government, the IRS has to follow the proper procedures in order to take money from your bank account.

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