25-523

25-523. Financial institutions data match;
nonliability; prohibited disclosure; liability; civil liability;
definition

A. The department shall enter into agreements with financial institutions that
conduct business in this state to develop and operate a data match system to assist the
department in the establishment, modification and enforcement of child support
orders. The data match system shall use automated data exchange procedures to the
maximum extent possible.

B. Data exchanges between financial institutions and the department shall occur
quarterly and shall include the name, record address, social security number or other
taxpayer identification number and any other identifying information for each obligor who
maintains an account at the institution and who owes past due support as identified by
the department by name and social security number or other taxpayer identification
number.

C. Notwithstanding any law to the contrary, a financial institution is not subject
to civil liability for disclosing to the department or its agent a person's financial
record pursuant to this section or any acts of omission that are inadvertent and made in
good faith.

D. The department and its agent and any state, its agent or political subdivision
that administers a child support enforcement program pursuant to title IV-D of the social
security act and that obtains a person's financial records may disclose this information
only as is necessary to establish, modify or enforce the person's child support
obligation.

E. An employee of the department, its agent or any state or political subdivision
that administers a child support enforcement program pursuant to title IV-D of the social
security act, who knowingly or negligently discloses a person's financial records in
violation of subsection D is subject to civil liability in an amount equal to the greater
of either:

1. One thousand dollars for each act of unauthorized disclosure of a financial
record with respect to which the defendant is found liable.

2. The sum of the actual damages sustained by the plaintiff as a result of the
unauthorized disclosure and, in the case of a wilful disclosure or a disclosure that is
the result of gross negligence, punitive damages, including costs and attorney fees.

F. The department may pay a reasonable fee to a financial institution for
conducting a data match. The fee shall not exceed the actual costs incurred by the
financial institution.

G. For purposes of this section "financial institution" means state and federally
chartered banks, trust companies, federal and state savings and loan associations,
federal and state credit unions, consumer lenders, international banking facilities and
financial institution holding companies, insurance companies, benefit associations, safe
deposit companies, money market mutual funds and similar institutions authorized to do
business in this state and any party affiliated with these financial institutions.