AN ACT to amend and reenact section 6-08.1-03 of the North Dakota Century Code, relating to the duty of confidentiality and disclosure to the North Dakota protection and advocacy project.
Summary
SB 2164 amends North Dakota’s financial institution confidentiality law to add the North Dakota protection and advocacy project as an entity that may receive disclosures of customer information when a financial institution is reporting suspected financial exploitation of an eligible adult. The bill also clarifies that a bank or other financial institution is not required to investigate suspected exploitation or make a report; it simply permits disclosure in specified circumstances.
The measure updates section 6-08.1-03 of the North Dakota Century Code, which governs when customer information may be shared despite the general duty of confidentiality. Under the bill, disclosures related to suspected financial exploitation of an eligible adult may be made to law enforcement, the department of health and human services, or the protection and advocacy project under chapter 25-01.3. The bill is aimed at improving coordination and information-sharing in cases involving vulnerable adults while preserving the existing confidentiality framework.
Impact
The bill expands the list of authorized recipients of confidential financial information in cases involving suspected financial exploitation of eligible adults, thereby modifying the scope of permissible disclosures under North Dakota banking privacy law. It affects financial institutions, law enforcement, the Department of Health and Human Services, and the North Dakota protection and advocacy project, while leaving intact the rule that institutions have no affirmative duty to investigate or report suspected exploitation.
Sentiment
The bill appears to have been broadly supported and noncontroversial. It passed the Senate 44-0 and the House 93-0, indicating unanimous support in both chambers. The absence of committee transcript discussion also suggests there was little public or legislative opposition to the measure.
Contention
There is little evidence of significant contention around SB 2164. The main policy issue is the balance between protecting customer confidentiality and allowing limited disclosure to address suspected financial exploitation of vulnerable adults. Any potential concern would likely center on privacy and the scope of information-sharing, but the bill addresses that by limiting disclosures to specified circumstances and expressly stating that financial institutions are not required to investigate or report.
AN ACT to amend and reenact section 6-08.1-03 of the North Dakota Century Code, relating to the duty of confidentiality and disclosure to the North Dakota protection and advocacy project.
AN ACT to amend and reenact sections 25-01.1-07, 25-02-01.1, and 25-02-03 of the North Dakota Century Code, relating to the North Dakota state hospital.
AN ACT to amend and reenact sections 37-01-03 and 37-01-43 of the North Dakota Century Code, relating to the operation and regulation of the North Dakota national guard.