Right to Financial Privacy Act
The Right to Financial Privacy Act (RFPA) (12 U.S.C. § 3401 et seq.) is a United States federal law that gives the customers of financial institutions the right to some level of privacy from government searches. Before the Act was passed, the United States government did not have to tell customers that it was accessing their records, and customers did not have the right to prevent such actions. The Act came about after the United States Supreme Court held, in United States v. Miller, 425 U.S. 435(1976), that financial records are the property of the financial institution with which they are held, rather than the property of the customer. The Act prescribes statutory damages of $100 per violation, and a number of different violations can be aggregated in a class action.[1]
The USA PATRIOT Act of 2001 amended the RFPA.[2]
[edit] References
- ^ Bray, Samuel (forthcoming 2012). "Announcing Remedies". Cornell Law Review 97. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1967184.
- ^ http://epic.org/privacy/rfpa/ Retrieved May 29, 2010
- Examination Handbook 1345, Right to Financial Privacy Act, Office of Thrift Supervision, United States Department of Treasury, December 1999, http://www.ots.treas.gov/_files/422240.pdf
[edit] External links
- RFPA information page provided by the Electronic Privacy Information Center, a public interest group
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