Right to Financial Privacy Act

(Redirected from Right to Financial Privacy Act of 1978) 1978 United States federal law

Right to Financial Privacy Act of 1978
Citations

Enacted by	the 95th United States Congress
Public law	Pub. L. 95–630
Statutes at Large	92 Stat. 3641, 3697
Legislative history
Introduced in the House as H.R.14279 by Henry Reuss (D–WI) and Frank Annunzio (D–IL) on October 10, 1978 Committee consideration by House Committee on Banking, Currency, and Housing, Senate Committee on Banking, Housing and Urban Affairs Passed the House on October 11, 1978 Passed the Senate on October 12, 1978 Agreed to by the House on October 14, 1978 and by the Senate on October 14, 1978 Signed into law by President Jimmy Carter on November 10, 1978
Major amendments
USA PATRIOT Act USA Freedom Act

The Right to Financial Privacy Act of 1978 (RFPA; codified at 12 U.S.C. ch. 35, § 3401 et seq.) is a United States federal law, Title XI of the Financial Institutions Regulatory and Interest Rate Control Act of 1978, 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. Under the RFPA, the government must receive the consent of the customer before they can access said customer's financial information. The Act prescribes statutory damages of $100 per violation, and a number of different violations can be aggregated in a class action.

Under the RFPA, the FBI could obtain records with a national security letter (NSL) only if the FBI could first demonstrate the person was a foreign power or an agent of a foreign power. Compliance by the recipient of the NSL was voluntary, and states' consumer privacy laws often allowed financial institutions to decline the requests. In 1986, Congress amended RFPA to allow the government to compel disclosure of the requested information. The USA PATRIOT Act of 2001 amended the RFPA.

References

Denning, Brannon P. (1995–1996). "Can the Simple Be Trusted: Lower Court Interpretations of United States v. Miller and the Second Amendment". Cumberland Law Review. 26: 961.
Jones, Sarah Elizabeth (1988). "Right to Financial Privacy: Emerging Standards of Bank Compliance". Banking Law Journal. 105: 37–51.
Bray, Samuel L. (2012). "Announcing Remedies". Cornell Law Review. 97. SSRN 1967184.
Andrew E. Nieland, National Security Letters and the Amended Patriot Act, 92 Cornell L. Rev. 1201, 1207 (2007)
"EPIC - the Right to Financial Privacy Act". epic.org. Retrieved May 29, 2010.

Examination Handbook 1345, Right to Financial Privacy Act (PDF), Office of Thrift Supervision, United States Department of Treasury, December 1999

External links

RFPA information page provided by the Electronic Privacy Information Center, a public interest group

v t e Jimmy Carter
39th President of the United States (1977–1981) 76th Governor of Georgia (1971–1975) Georgia State Senator (1963–1967)
Presidency (timeline)	Transition Inauguration Timeline 1977 1978 1979 1980 January 1981 Political positions Judicial appointments controversies Executive Actions Executive Order 12036 Executive Order 12086 Executive Order 12148 Executive Order 12170 Executive Order 12172 Carter bonds Rabbit incident Carter Doctrine Camp David Accords Egypt–Israel peace treaty Torrijos–Carter Treaties Iran hostage crisis Operation Eagle Claw Canadian Caper Engagement with Ruhollah Khomeini 1979 oil crisis Support for Iraq during the Iran-Iraq War Diplomatic relations with China Goldwater v. Carter Civil Service Reform Act of 1978 Senior Executive Service Strategic Arms Limitation Talks International trips 1980 Summer Olympics boycott Cannabis policy Community Reinvestment Act Airline Deregulation Act Clean Air Act Amendments of 1977 Clean Water Act of 1977 Depository Institutions Deregulation and Monetary Control Act Federal Reserve Reform Act of 1977 Electronic Fund Transfer Act Fair Debt Collection Practices Act Financial Institutions Regulatory and Interest Rate Control Act of 1978 Right to Financial Privacy Act Humphrey–Hawkins Full Employment Act Superfund Surface Mining Control and Reclamation Act of 1977 Solar power at the White House Three Mile Island accident Presidential transition of Ronald Reagan
Speeches	Moral Equivalent of War Island of Stability A Crisis of Confidence State of the Union Addresses 1978 1979 1980 1981
Elections	Georgia gubernatorial elections 1966 1970 Democratic Party presidential primaries 1976 1980 Democratic National Conventions 1972 1976 1980 Presidential elections 1976 campaign 1980
Post-presidency	Carter Center Presidential Library and Museum Habitat for Humanity Jimmy & Rosalynn Carter Work Project The Elders Jimmy Carter National Historical Park Jimmy and Rosalynn Carter House Nairobi Agreement, 1999 One America Appeal Continuity of Government Commission
Books	Everything to Gain (1987) The Hornet's Nest (2003) Our Endangered Values (2006) Palestine: Peace Not Apartheid (2006) reaction and commentary Beyond the White House (2007) We Can Have Peace in the Holy Land (2009) White House Diary (2010) A Call to Action (2014) A Full Life (2015)
Awards and honors	Nobel Peace Prize Presidential Medal of Freedom Freedom of the City Silver Buffalo Award Philadelphia Liberty Medal United Nations Prize in the Field of Human Rights Hoover Medal Christopher Award Carter–Menil Human Rights Prize Grammy Award
Legacy	Jimmy Carter Peanut Statue (1976) USS Jimmy Carter Jimmy Carter National Historical Park (1987) Georgia State Capitol statue (1994)
Related	Residences Birthplace Home Mary Prince (nanny) UFO incident Jimmy Carter (2002 television documentary) Man from Plains (2007 documentary)
Family	Rosalynn Carter (wife) Jack Carter (son) Amy Carter (daughter) Jason Carter (grandson) James Earl Carter Sr. (father) Lillian Gordy Carter (mother) Gloria Carter Spann (sister) Ruth Carter Stapleton (sister) Billy Carter (brother) Emily Dolvin (aunt) Hugh Carter (cousin)
← Gerald Ford Ronald Reagan → Category

v t e Patriot Act
Titles I · II · III · IV · V · VI · VII · VIII · IX · X · History
Acts modified	Omnibus Crime Control and Safe Streets Act of 1968 Electronic Communications Privacy Act Computer Fraud and Abuse Act Foreign Intelligence Surveillance Act Family Educational Rights and Privacy Act Money Laundering Control Act Bank Secrecy Act Right to Financial Privacy Act Fair Credit Reporting Act Immigration and Nationality Act of 1952 Victims of Crime Act of 1984 Telemarketing and Consumer Fraud and Abuse Prevention Act
People	George W. Bush John Ashcroft Alberto Gonzales Patrick Leahy Orrin Hatch Jon Kyl Dianne Feinstein Viet D. Dinh Joe Biden Michael Chertoff Barack Obama Eric Holder Chuck Schumer Lamar Smith Bob Graham Jay Rockefeller Arlen Specter Mike Oxley Dick Armey Paul Sarbanes Trent Lott Tom Daschle Russ Feingold Ellen Huvelle Ron Paul Lisa Murkowski Ron Wyden Dennis Kucinich Larry Craig John E. Sununu Richard Durbin Bernie Sanders Jerry Nadler John Conyers Jr. Butch Otter
Government organizations	Federal Bureau of Investigation Department of Justice Select Committee on Intelligence Department of the Treasury FinCEN Department of State National Institute of Standards and Technology Customs Service U.S. Immigration and Customs Enforcement
Non-government organizations	American Civil Liberties Union American Library Association Center for Democracy and Technology Center for Public Integrity Electronic Frontier Foundation Electronic Privacy Information Center Humanitarian Law Project

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