(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 to 192.478 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 to 192.607 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.
(d) Compliance with the provisions of ORS 708A.655 or 723.844.
(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. [Formerly 192.555; 2012 c.70 §§10a,26; 2013 c.352 §2; 2015 c.129 §3; 2017 c.644 §9]
Structure 2021 Oregon Revised Statutes
Volume : 05 - State Government, Government Procedures, Land Use
Chapter 192 - Records; Public Reports and Meetings
Section 192.001 - Policy concerning public records.
Section 192.005 - Definitions for ORS 192.005 to 192.170.
Section 192.170 - Disposition of materials without authorization.
Section 192.173 - Records and reports required by law to be in English; penalty.
Section 192.180 - Coordination of executive department response to public records request.
Section 192.183 - Compiling public records stored in electronic form; rules.
Section 192.191 - Department of Justice information sharing guide.
Section 192.210 - Definitions for ORS 192.210 and 192.220.
Section 192.220 - Standardized report forms; exemptions.
Section 192.230 - Definitions for ORS 192.235 to 192.245.
Section 192.235 - Policy for ORS 192.230 to 192.250.
Section 192.240 - Duties of state agency issuing report.
Section 192.243 - Availability of report on Internet; rules.
Section 192.245 - Form of report to legislature.
Section 192.270 - Definitions for ORS 192.270 and 192.275.
Section 192.275 - Notice when report required; content; effect.
Section 192.311 - Definitions for ORS 192.311 to 192.478.
Section 192.314 - Right to inspect public records; notice to public body attorney.
Section 192.318 - Functions of custodian of public records; rules.
Section 192.329 - Public body’s response to public records request.
Section 192.340 - Attorney General catalog of exemptions from disclosure.
Section 192.345 - Public records conditionally exempt from disclosure.
Section 192.355 - Public records exempt from disclosure.
Section 192.363 - Contents of certain requests for disclosure.
Section 192.371 - Nondisclosure of public employee identification badge or card.
Section 192.377 - Required redaction of certain personal information.
Section 192.385 - Nondisclosure of certain public safety officer investigation records; exceptions.
Section 192.390 - Inspection of records more than 25 years old.
Section 192.395 - Health services costs.
Section 192.401 - Records of health professional regulatory boards, Health Licensing Office.
Section 192.422 - Petition form; procedure when petition received.
Section 192.461 - Public Records Advocate.
Section 192.464 - Facilitated dispute resolution services of Public Records Advocate.
Section 192.475 - Public records request training.
Section 192.477 - Public Records Advocate Fund.
Section 192.481 - Public Records Advisory Council.
Section 192.483 - Duties of Public Records Advisory Council; rules.
Section 192.485 - Definitions for ORS 192.485 to 192.513.
Section 192.488 - Open government impact statement.
Section 192.492 - Notification of change to public records laws.
Section 192.499 - Public records subcommittee.
Section 192.511 - Oregon Sunshine Committee; membership; duties; rules.
Section 192.513 - Review of exemptions from disclosure by Oregon Sunshine Committee.
Section 192.515 - Definitions for ORS 192.515 and 192.517.
Section 192.517 - Access to records of individual with disability or individual with mental illness.
Section 192.531 - Definitions for ORS 192.531 to 192.549.
Section 192.533 - Legislative findings; purposes.
Section 192.535 - Informed consent for obtaining genetic information.
Section 192.538 - Notice by health care provider regarding anonymous or coded research.
Section 192.539 - Disclosure of genetic information; exceptions.
Section 192.540 - Use of deceased individual’s DNA sample or genetic information for research.
Section 192.541 - Private right of action; remedies; affirmative defense; attorney fees.
Section 192.543 - Criminal penalty.
Section 192.545 - Enforcement; Attorney General or district attorney; intervention.
Section 192.547 - Oregon Health Authority rules; procedures.
Section 192.549 - Advisory Committee on Genetic Privacy and Research.
Section 192.551 - Health care records at colleges, universities.
Section 192.553 - Policy for protected health information.
Section 192.556 - Definitions for ORS 192.553 to 192.581.
Section 192.558 - Use or disclosure by health care provider or state health plan.
Section 192.561 - Disclosure by health care provider in coordinated care organization.
Section 192.563 - Health care provider and state health plan charges.
Section 192.566 - Authorization form.
Section 192.567 - Disclosure without authorization form.
Section 192.568 - Confidentiality; use and disclosure.
Section 192.571 - No right of action.
Section 192.573 - Personal representative of deceased individual.
Section 192.576 - Disclosure to individual appealing denial of Social Security benefits.
Section 192.579 - Allowed disclosure for coordinating care.
Section 192.581 - Allowed retention or disclosure of genetic information.
Section 192.582 - Confidentiality of bedbug infestation reports.
Section 192.583 - Definitions for ORS 192.583 to 192.607.
Section 192.586 - Disclosure of financial records prohibited; exceptions.
Section 192.591 - Disclosure to state court; procedure; limitations.
Section 192.593 - Authorization by customer for disclosure.
Section 192.596 - Disclosure under summons or subpoena; procedure.
Section 192.597 - Disclosure pursuant to abuse investigation; procedure; liability; affidavit.
Section 192.598 - Disclosure under search warrant.
Section 192.600 - Liability of financial institution for disclosure.
Section 192.602 - Time for compliance; reimbursement; exceptions.
Section 192.603 - Procedure for disclosure to law enforcement agency.
Section 192.610 - Definitions for ORS 192.610 to 192.690.
Section 192.650 - Recording or written minutes required; content; fees.
Section 192.670 - Meetings by means of telephone or electronic communication.
Section 192.685 - Additional enforcement of alleged violations of ORS 192.660.
Section 192.690 - Exceptions to ORS 192.610 to 192.690.
Section 192.695 - Prima facie evidence of violation required of plaintiff.
Section 192.715 - Short title.
Section 192.720 - Definitions for ORS 192.715 to 192.760.
Section 192.725 - Electronic record as official record.
Section 192.730 - Authentication of electronic official record.
Section 192.735 - Evidentiary rules concerning authenticated electronic record.
Section 192.740 - Preservation and security of electronic official record.
Section 192.745 - Availability for public use.
Section 192.750 - Implementation; considerations.
Section 192.755 - Uniform construction.
Section 192.760 - Relationship of ORS 192.715 to 192.760 to federal law.
Section 192.800 - Definitions for ORS 192.800 to 192.810.
Section 192.805 - Reimbursement required prior to disclosure; charges.
Section 192.820 - Definitions for ORS 192.820 to 192.868.
Section 192.822 - Address Confidentiality Program; substitute addresses.
Section 192.828 - Prohibitions; civil penalty.
Section 192.832 - Notice of change in name, address or telephone number.
Section 192.834 - Cancellation of certification.
Section 192.836 - Use of substitute address; waiver of requirement.
Section 192.842 - Use of actual or substitute address in specified circumstances.
Section 192.844 - Prohibition on disclosure of actual address or telephone number by public body.
Section 192.846 - Records of Department of Transportation; substitute address.
Section 192.848 - When Attorney General may disclose actual address or telephone number.
Section 192.854 - Application assistants; application assistance not legal advice.
Section 192.856 - Additional response time for notice or other paper.
Section 192.858 - Disclosures to participants.