Form Ps 6c - Authorization To Release Financial Information To Pretrial Services Officer Page 2
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2PS 6C (Reverse)
(10/88)
STATEMENT OF CUSTOMER RIGHTS UNDER
THE RIGHT TO FINANCIAL PRIVACY ACT OF 1978
Federal law protects the privacy of your financial records. Before banks, savings and loan associations,
credit card issuers or other financial institutions may give financial information about you to a federal agency,
certain procedures must be followed.
Consent to Financial Records
You may be asked to consent to make your financial records available to the government. You may
withhold your consent, and your consent is not required as a condition of doing business with any financial
institution. If you give your consent, it can be revoked in writing at any time before your records are disclosed and,
in any event, is effective for a period of not more than three months. Your financial institution must keep a record
of the instances in which it discloses your financial information to the government, and this record will be available
to you upon request, unless a court order restricting your right to such record has been obtained by the government.
Without Your Consent
Without your consent, a federal agency that wants to see your financial records may do so ordinarily only by
means of a lawful subpoena, summons, formal written request, or search warrant for that purpose.
Generally, the federal agency must give you advance notice of its efforts to obtain your records by one of the
above means, explaining why the information is being sought and telling you how to object in court to the release of
your records.
Exceptions
If the government obtains a search warrant for your records, or if the government convinces the court that
there are legitimate reasons to delay giving you notice, the federal agency will be able to obtain your records
without providing you with notice beforehand.
In situations where you do not receive advance notice that the government is seeking your financial records,
you will be notified once the reason for the delay of notice no longer exists.
Transfer of Information
Generally, a federal agency which obtains your financial records is prohibited from transferring them to
another federal agency, unless it certifies in writing that the transfer is proper and sends a notice to you that your
records have been sent to another agency. However, in the event that you are found guilty of the charges before the
court, your financial records will be made available to a U.S. probation officer for the purpose of preparing a pre-
sentence report.
Penalties
If the federal agency or financial institution violates the Right to Financial Privacy Act, you may sue for
damages or to seek compliance with the law. If you win, you may be repaid your attorney’s fees and costs.
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