{"data":{"id":"us-ut/utah-code-7-1-1006","jurisdiction":"us-ut","citation":"Utah Code § 7-1-1006","heading":"Inapplicable to certain official investigations.","body":"(1) Sections 7-1-1002 and 7-1-1003 do not apply if an examination of a record is a part of an official investigation by:\n(a) local police;\n(b) a sheriff;\n(c) a peace officer;\n(d) a city attorney;\n(e) a county attorney;\n(f) a district attorney;\n(g) the attorney general;\n(h) the Department of Public Safety;\n(i) the Office of Recovery Services of the Department of Health and Human Services;\n(j) the Insurance Department;\n(k) the Department of Commerce;\n(l) the Benefit Payment Control Unit or the Payment Error Prevention Unit of the Department of Workforce Services;\n(m) the state auditor;\n(n) the State Tax Commission; or\n(o) the Department of Health and Human Services or its designee, when undertaking an official investigation to determine whether an individual qualifies for certain assistance programs as provided in Section 26B-3-106.\n(2) Except for the Office of Recovery Services, if a governmental entity listed in Subsection (1) seeks a record, the entity shall obtain the record as follows:\n(a) if the record is a nonprotected record, by request in writing that:\n(i) certifies that an official investigation is being conducted; and\n(ii) is signed by a representative of the governmental entity that is conducting the official investigation; or\n(b) if the record is a protected record, by obtaining:\n(i) a subpoena authorized by statute;\n(ii) other legal process:\n(A) ordered by a court of competent jurisdiction; and\n(B) served upon the financial institution; or\n(iii) written permission from all account holders of the account referenced in the record to be examined.\n(3) If the Office of Recovery Services seeks a record, the Office of Recovery Services shall obtain the record pursuant to:\n(a) Subsection 26B-9-104(1)(h);\n(b) Section 26B-9-205;\n(c) Section 26B-9-208; or\n(d) Title IV, Part D of the Social Security Act as codified in 42 U.S.C. 651 et seq.\n(4) A financial institution may not give notice to an account holder or person named or referenced within the record disclosed pursuant to Subsection (2)(a).\n(5) In accordance with Section 7-1-1004, the governmental entity conducting the official investigation that obtains a record from a financial institution under this section shall reimburse the financial institution for costs reasonably and directly incurred by the financial institution.","path":["Title 7 Financial Institutions Act","Chapter 7-1 General Provisions","Part 7-1-10 Financial Information Privacy"],"source_url":"https://le.utah.gov/xcode/Title7/Chapter1/7-1-S1006.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:33Z","sha256":"5b36f254392d0042ad732431569ddc5bb2833a74e4b7c870f76c47cc895906e2","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-7-1-1005","next":"us-ut/utah-code-7-1-1007"},"notice":"GroundRules: Original legal text. Not legal advice."}