---
kind: "section"
citation: "12 U.S.C. § 3402"
title: "12"
title_heading: "Banks and Banking"
number: "3402"
heading: "Access to financial records by Government authorities prohibited; exceptions"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/12/3402"
units:
  - "Chapter 35 — Right to Financial Privacy"
---

# §3402. Access to financial records by Government authorities prohibited; exceptions


Except as provided by [section 3403(c)](/usc/12/3403.md?p=c) or (d), 3413, or [3414](/usc/12/3414.md) of this title, no [Government authority](/usc/12/3401.md?p=3) may have access to or obtain copies of, or the information contained in the [financial records](/usc/12/3401.md?p=2) of any [customer](/usc/12/3401.md?p=5) from a financial institution unless the [financial records](/usc/12/3401.md?p=2) are reasonably described and—

- (1) such [customer](/usc/12/3401.md?p=5) has authorized such disclosure in accordance with [section 3404 of this title](/usc/12/3404.md);
- (2) such [financial records](/usc/12/3401.md?p=2) are disclosed in response to an administrative subpena or summons which meets the requirements of [section 3405 of this title](/usc/12/3405.md);
- (3) such [financial records](/usc/12/3401.md?p=2) are disclosed in response to a search warrant which meets the requirements of [section 3406 of this title](/usc/12/3406.md);
- (4) such [financial records](/usc/12/3401.md?p=2) are disclosed in response to a judicial subpena which meets the requirements of [section 3407 of this title](/usc/12/3407.md); or
- (5) such [financial records](/usc/12/3401.md?p=2) are disclosed in response to a formal written request which meets the requirements of [section 3408 of this title](/usc/12/3408.md).

## Source credit

(Pub. L. 95–630, title XI, § 1102, Nov. 10, 1978, 92 Stat. 3697.)

## Notes

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective upon the expiration of 120 days after Nov. 10, 1978, see section 2101 of Pub. L. 95–630, set out as a note under section 375b of this title.