ORS 192.586
Disclosure of financial records prohibited

  • exceptions

(1)

Except as provided in ORS 192.588 (Disclosure to Department of Human Services or Oregon Health Authority), 192.589 (Financial institution records of deceased individual), 192.591 (Disclosure to state court), 192.593 (Authorization by customer for disclosure), 192.596 (Disclosure under summons or subpoena), 192.597 (Disclosure pursuant to abuse investigation), 192.598 (Disclosure under search warrant) and 192.603 (Procedure for disclosure to law enforcement agency) or as required by ORS 25.643 (Disclosure of information on obligors by financial institutions) and 25.646 (Disclosure of financial records of customers by financial institutions) and the Uniform Disposition of Unclaimed Property Act, ORS 98.302 (Definitions for ORS 98.302 to 98.436) to 98.436 (Short title) and 98.992 (Penalty for failure to report, pay or deliver property under ORS 98.302 to 98.436), and ORS 305.084 (Financial institution data match system):

(a)

A financial institution may not provide financial records of a customer to a state or local agency.

(b)

A state or local agency may not request or receive from a financial institution financial records of customers.

(2)

Subsection (1) of this section does not preclude a financial institution, in the discretion of the financial institution, from initiating contact with, and thereafter communicating with and disclosing customer financial records to:

(a)

Appropriate state or local agencies concerning a suspected violation of the law.

(b)

The office of the State Treasurer if the records relate to state investments in commercial mortgages involving the customer. The records and the information contained therein are public records but are exempt from disclosure under ORS 192.311 (Definitions for ORS 192.311 to 192.478) to 192.478 (Exemption for Judicial Department) unless the public interest in disclosure clearly outweighs the public interest in confidentiality. However, the following records in the office must remain open to public inspection:

(A)

The contract or promissory note establishing a directly held residential or commercial mortgage and information identifying collateral;

(B)

Any copy the office retains of the underlying mortgage note in which the office purchases a participation interest; and

(C)

Information showing that a directly held loan is in default.

(c)

An appropriate state or local agency in connection with any business relationship or transaction between the financial institution and the customer, if the disclosure is made in the ordinary course of business of the financial institution and will further the legitimate business interests of the customer or the financial institution.

(3)

ORS 192.583 (Definitions for ORS 192.583 to 192.607) to 192.607 (Severability) do not prohibit any of the following:

(a)

The dissemination of any financial information that is not identified with, or identifiable as being derived from, the financial records of a particular customer.

(b)

The examination by, or disclosure to, the Department of Consumer and Business Services of financial records that relate solely to the exercise of the department’s supervisory function. The scope of the department’s supervisory function shall be determined by reference to statutes that grant authority to examine, audit, or require reports of financial records or financial institutions.

(c)

The furnishing to the Department of Revenue of information by the financial institution, whether acting as principal or agent, as required by ORS 314.360 (Information returns).

(d)

Compliance with the provisions of ORS 708A.655 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box) or 723.844 (Procedures for opening safe deposit box after death of person who was sole lessee or last surviving lessee of box).

(4)

Notwithstanding subsection (1) of this section, a financial institution may:

(a)

Enter into an agreement with the Oregon State Bar that requires the financial institution to make reports to the Oregon State Bar whenever a properly payable instrument is presented for payment out of an attorney trust account that contains insufficient funds, whether or not the instrument is honored by the financial institution; and

(b)

Submit reports to the Oregon State Bar concerning instruments presented for payment out of an attorney trust account under a trust account overdraft notification program established under ORS 9.685 (Trust account overdraft notification program). [Formerly 192.555; 2012 c.70 §§10a,26; 2013 c.352 §2; 2015 c.129 §3; 2017 c.644 §9]

Source: Section 192.586 — Disclosure of financial records prohibited; exceptions, https://www.­oregonlegislature.­gov/bills_laws/ors/ors192.­html.

Notes of Decisions

District court did not err in denying defendant opportunity to establish that state officials seized financial records used against him at trial in violation of Oregon law as evidence seized in compliance with federal law is admissible without regard to state law. U.S. v. Chavez-Vernaza, 844 F2d 1368 (1987)

Financial institution must reach suspicion of violation of law independently for exemption related to suspected violation to apply. State v. Bobbitt, 249 Or App 181, 275 P3d 187 (2012)

192.001
Policy concerning public records
192.005
Definitions for ORS 192.005 to 192.170
192.015
Secretary of State as public records administrator
192.018
Written policies on use, retention and ownership of public records
192.040
Making, filing and recording records by photocopying
192.050
Copying records
192.060
Indexing and filing copied records
192.070
Duplicate rolls of microfilm required
192.072
State Archivist performing microfilm services for public body
192.105
State Archivist authorization for state officials to dispose of records
192.108
Retention schedules
192.130
Disposition of valueless records in custody of State Archivist
192.170
Disposition of materials without authorization
192.173
Records and reports required by law to be in English
192.180
Coordination of executive department response to public records request
192.183
Compiling public records stored in electronic form
192.191
Department of Justice information sharing guide
192.210
Definitions for ORS 192.210 and 192.220
192.220
Standardized report forms
192.230
Definitions for ORS 192.235 to 192.245
192.235
Policy for ORS 192.230 to 192.250
192.240
Duties of state agency issuing report
192.243
Availability of report on Internet
192.245
Form of report to legislature
192.250
Director of Oregon Department of Administrative Services to report to legislature on ORS 192.230 to 192.250
192.270
Definitions for ORS 192.270 and 192.275
192.275
Notice when report required
192.311
Definitions for ORS 192.311 to 192.478
192.314
Right to inspect public records
192.318
Functions of custodian of public records
192.324
Copies or inspection of public records
192.329
Public body’s response to public records request
192.335
Immunity from liability for disclosure of public record
192.338
Exempt and nonexempt public record to be separated
192.340
Attorney General catalog of exemptions from disclosure
192.345
Public records conditionally exempt from disclosure
192.355
Public records exempt from disclosure
192.360
Condensation of public record subject to disclosure
192.363
Contents of certain requests for disclosure
192.365
Disclosure of information pertaining to home care worker, personal support worker, operator of child care facility, exempt child care provider or operator of adult foster home
192.368
Nondisclosure on request of home address, home telephone number and electronic mail address
192.371
Nondisclosure of public employee identification badge or card
192.374
Nondisclosure of concealed handgun license records or information
192.377
Required redaction of certain personal information
192.380
Immunity from liability for disclosure of certain personal information
192.385
Nondisclosure of certain public safety officer investigation records
192.390
Inspection of records more than 25 years old
192.395
Health services costs
192.398
Medical records
192.401
Records of health professional regulatory boards, Health Licensing Office
192.407
When petition for review of public records request allowed
192.411
Petition to review denial of right to inspect state public record
192.415
Procedure to review denial of right to inspect other public records
192.418
Effect of failure of Attorney General, district attorney or elected official to take timely action on inspection petition
192.422
Petition form
192.427
Procedure to review denial by elected official of right to inspect public records
192.431
Court authority in reviewing action denying right to inspect public records
192.461
Public Records Advocate
192.464
Facilitated dispute resolution services of Public Records Advocate
192.468
Discretion of Public Records Advocate in dispute resolution services
192.472
Confidentiality of Public Records Advocate records
192.475
Public records request training
192.477
Public Records Advocate Fund
192.478
Exemption for Judicial Department
192.481
Public Records Advisory Council
192.483
Duties of Public Records Advisory Council
192.485
Definitions for ORS 192.485 to 192.513
192.488
Open government impact statement
192.492
Notification of change to public records laws
192.499
Public records subcommittee
192.508
Rules
192.511
Oregon Sunshine Committee
192.513
Review of exemptions from disclosure by Oregon Sunshine Committee
192.515
Definitions for ORS 192.515 and 192.517
192.517
Access to records of individual with disability or individual with mental illness
192.531
Definitions for ORS 192.531 to 192.549
192.533
Legislative findings
192.535
Informed consent for obtaining genetic information
192.537
Individual’s rights in genetic information
192.538
Notice by health care provider regarding anonymous or coded research
192.539
Disclosure of genetic information
192.540
Use of deceased individual’s DNA sample or genetic information for research
192.541
Private right of action
192.543
Criminal penalty
192.545
Enforcement
192.547
Oregon Health Authority rules
192.549
Advisory Committee on Genetic Privacy and Research
192.551
Health care records at colleges, universities
192.553
Policy for protected health information
192.556
Definitions for ORS 192.553 to 192.581
192.558
Use or disclosure by health care provider or state health plan
192.561
Disclosure by health care provider in coordinated care organization
192.563
Health care provider and state health plan charges
192.566
Authorization form
192.567
Disclosure without authorization form
192.568
Confidentiality
192.571
No right of action
192.573
Personal representative of deceased individual
192.576
Disclosure to individual appealing denial of Social Security benefits
192.577
Disclosure of information concerning adult in custody of Department of Corrections
192.579
Allowed disclosure for coordinating care
192.581
Allowed retention or disclosure of genetic information
192.582
Confidentiality of bedbug infestation reports
192.583
Definitions for ORS 192.583 to 192.607
192.586
Disclosure of financial records prohibited
192.588
Disclosure to Department of Human Services or Oregon Health Authority
192.589
Financial institution records of deceased individual
192.591
Disclosure to state court
192.593
Authorization by customer for disclosure
192.596
Disclosure under summons or subpoena
192.597
Disclosure pursuant to abuse investigation
192.598
Disclosure under search warrant
192.600
Liability of financial institution for disclosure
192.602
Time for compliance
192.603
Procedure for disclosure to law enforcement agency
192.605
Charges for participation in attorney trust account overdraft notification program
192.606
Civil liability for violation of ORS 192.583 to 192.607
192.607
Severability
192.610
Definitions for ORS 192.610 to 192.690
192.620
Policy
192.630
Meetings of governing body to be open to public
192.640
Public notice required
192.650
Recording or written minutes required
192.660
Executive sessions permitted on certain matters
192.670
Meetings by means of telephone or electronic communication
192.672
State board or commission meetings through telephone or electronic means
192.680
Enforcement of ORS 192.610 to 192.690
192.685
Additional enforcement of alleged violations of ORS 192.660
192.690
Exceptions to ORS 192.610 to 192.690
192.695
Prima facie evidence of violation required of plaintiff
192.715
Short title
192.720
Definitions for ORS 192.715 to 192.760
192.725
Electronic record as official record
192.730
Authentication of electronic official record
192.735
Evidentiary rules concerning authenticated electronic record
192.740
Preservation and security of electronic official record
192.745
Availability for public use
192.750
Implementation
192.755
Uniform construction
192.760
Relationship of ORS 192.715 to 192.760 to federal law
192.800
Definitions for ORS 192.800 to 192.810
192.805
Reimbursement required prior to disclosure
192.810
Applicability of ORS 192.805
192.820
Definitions for ORS 192.820 to 192.868
192.822
Address Confidentiality Program
192.826
Application for participation in program
192.828
Prohibitions
192.832
Notice of change in name, address or telephone number
192.834
Cancellation of certification
192.836
Use of substitute address
192.842
Use of actual or substitute address in specified circumstances
192.844
Prohibition on disclosure of actual address or telephone number by public body
192.846
Records of Department of Transportation
192.848
When Attorney General may disclose actual address or telephone number
192.852
Prohibition on obtaining actual address or telephone number
192.854
Application assistants
192.856
Additional response time for notice or other paper
192.858
Disclosures to participants
192.860
Rules
192.865
Criminal penalty
192.868
Grants, donations and gifts
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