N.D. Cent. Code § 6-08.1-02

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.