6-08.1-02. Exemptions
This chapter does not apply to any of the following:
1. The disclosure of necessary customer information in the preparation, examination,
handling, or maintenance of any customer information by any officer, employee, or
agent of a financial institution having custody of such information or in the examination
of such necessary information by an accountant engaged by the financial institution to
perform an audit.
2. The disclosure of necessary customer information in the examination of any customer
information by or the furnishing of customer information to any officer, employee, or
agent of a financial institution regulatory agency solely for use in the exercise of that
person's duties.
3. The publication of data derived from customer information if the data cannot be
identified to any particular customer or account.
4. Any acts required of the financial institution by the Internal Revenue Code.
5. Disclosures permitted under the Uniform Commercial Code concerning the dishonor of
any negotiable instrument.
6. The exchange in the regular course of business of necessary customer credit
information between a financial institution and other financial institutions or commercial
entities, directly or through a customer reporting agency.
7. The release by the industrial commission, in its capacity as the managing body of the
Bank of North Dakota, of the following:
a. The name of any person who has obtained approval for direct financing or
security, including a loan guarantee or a letter of credit, through the Bank of North
Dakota primarily for purposes other than personal, family, or household purposes.
b. The amount of any financing or security referenced in subdivision a.
c. The amount of any net writeoff or loan forgiveness that the industrial commission
determines is uncollectible.
d. The program under which any financing or security referenced in subdivision a
was made.
8. The disclosure of customer information in the examination, handling, or maintenance
of any customer information by any governmental agency or law enforcement agency
for purposes of verifying information necessary in the licensing process, provided prior
consent is obtained from the licensee and customer.
9. Disclosure of customer information to a law enforcement agency or governmental
agency pursuant to a search warrant or subpoena duces tecum issued in accordance
with applicable statutes or the North Dakota Rules of Criminal Procedure.
10. Disclosure by a financial institution to the agriculture commissioner that it has given a
customer notice of the availability of the North Dakota mediation service.
11. The disclosure by a financial institution to any financial institution or other entity that
controls, is controlled by, or is under common control with the financial institution if the
financial institution or other entity receiving the information complies with section
6-08.1-03.
12. A disclosure of customer information under section 502(e) of the federal Financial
Services Modernization Act of 1999 [Pub. L. 106-102; 113 Stat. 1436; 15 U.S.C.
6802(e)]. A disclosure under this subsection must comply with the rules adopted under
section 6-08.1-10.
13. A disclosure made to the disciplinary board of the North Dakota supreme court or
another state's authority with responsibility for enforcing rules of professional conduct
for lawyers regarding dishonor of an instrument issued against any trust account
maintained by an attorney or law firm, as these terms are defined in section 6-08-16.2.
