Subd. 2. Release prohibited. No financial institution, or officer, employee, or agent of a financial
institution, may provide to any government authority access to, or copies of, or the information contained
in, the financial records of any customer except in accordance with the provisions of this chapter.
Nothing in this chapter shall require a financial institution to inquire or determine that those seeking
disclosure have duly complied with the requirements of this chapter, provided only that the customer
authorization, search warrant, subpoena, or written certification pursuant to section 609.527, subdivision 8;
609.535, subdivision 6; 626.557; or other statute or rule, served on or delivered to a financial institution
shows compliance on its face.
Subd. 3. Notice to customer. Within 180 days after a government authority obtains access to the financial
records of a customer pursuant to a search warrant or a judicial or administrative subpoena, it shall notify
the customer of its action unless a delay of notice is obtained pursuant to section 13A.03. The notice shall
be sufficient to inform the customer of the name of the government authority or government authorities
having had access to the records, the financial records to which access was obtained, and the purpose of the
law enforcement inquiry, including transfers of financial records made pursuant to subdivision 5. Notice
may be given by providing the customer with a copy of the search warrant or subpoena.
Subd. 4. Duty of financial institutions. Upon receipt of a request for financial records made by a
government authority, the financial institution shall, unless otherwise provided by law, proceed to assemble
the records requested within a reasonable time and be prepared to deliver the records to the government
authority upon receipt of the search warrant or subpoena required under this section.
Subd. 5. Use of information. Financial records originally obtained pursuant to this chapter may be
transferred to another government authority provided the transferred records are pertinent and necessary to
the receiving authority in initiating, furthering, or completing a law enforcement inquiry.
When financial records subject to this chapter are transferred to another government authority, the
transferring authority shall include the name of the receiving authority and the financial records transferred
in the notice required by subdivision 3 of this section or, if the transfer occurs after the notice has been sent
to the customer, the transferring authority shall, upon written request by the customer, inform the customer
of the name of the government authority to which the financial records were transferred.
Subd. 6. Status of records. All financial records obtained by a government authority pursuant to this
section are subject to the provisions of section 13.82, subdivision 7.
History: 1983 c 225 s 2; 1999 c 227 s 22; 2009 c 119 s 1,2; 2010 c 214 s 1; 2011 c 28 s 17; 2023 c 52
art 9 s 1,2
13A.03 DELAYED NOTICE.
Subdivision 1. Application. Upon application of the government authority, a customer notice pursuant
to section 13A.02, subdivision 3, may be delayed by order of an appropriate court if the judge finds that:
(1) the law enforcement inquiry being conducted is within the lawful jurisdiction of the government
authority seeking the financial records;
(2) there is reason to believe that the records being sought are relevant to a legitimate law enforcement
inquiry; and
(3) there is reason to believe that the notice will result in (i) endangering life or physical safety of any
person; (ii) flight from prosecution; (iii) destruction of or tampering with evidence; (iv) intimidation of
Official Publication of the State of Minnesota
Revisor of Statutes
2MINNESOTA STATUTES 202313A.02
