[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 15USC6827]
TITLE 15--COMMERCE AND TRADE
CHAPTER 94--PRIVACY
SUBCHAPTER II--FRAUDULENT ACCESS TO FINANCIAL INFORMATION
Sec. 6827. Definitions
For purposes of this subchapter, the following definitions shall
apply:
(1) Customer
The term ``customer'' means, with respect to a financial
institution, any person (or authorized representative of a person)
to whom the financial institution provides a product or service,
including that of acting as a fiduciary.
(2) Customer information of a financial institution
The term ``customer information of a financial institution''
means any information maintained by or for a financial institution
which is derived from the relationship between the financial
institution and a customer of the financial institution and is
identified with the customer.
(3) Document
The term ``document'' means any information in any form.
(4) Financial institution
(A) In general
The term ``financial institution'' means any institution
engaged in the business of providing financial services to
customers who maintain a credit, deposit, trust, or other
financial account or relationship with the institution.
(B) Certain financial institutions specifically included
The term ``financial institution'' includes any depository
institution (as defined in section 461(b)(1)(A) of title 12),
any broker or dealer, any investment adviser or investment
company, any insurance company, any loan or finance company, any
credit card issuer or operator of a credit card system, and any
consumer reporting agency that compiles and maintains files on
consumers on a nationwide basis (as defined in section 1681a(p)
of this title).
(C) Securities institutions
For purposes of subparagraph (B)--
(i) the terms ``broker'' and ``dealer'' have the same
meanings as given in section 78c of this title;
(ii) the term ``investment adviser'' has the same
meaning as given in section 80b-2(a)(11) of this title; and
(iii) the term ``investment company'' has the same
meaning as given in section 80a-3 of this title.
(D) Certain persons and entities specifically excluded
The term ``financial institution'' does not include any
person or entity with respect to any financial activity that is
subject to the jurisdiction of the Commodity Futures Trading
Commission under the Commodity Exchange Act [7 U.S.C. 1 et seq.]
and does not include the Federal Agricultural Mortgage
Corporation or any entity chartered and operating under the Farm
Credit Act of 1971 [12 U.S.C. 2001 et seq.].
(E) Further definition by regulation
The Federal Trade Commission, after consultation with
Federal banking agencies and the Securities and Exchange
Commission, may prescribe regulations clarifying or describing
the types of institutions which shall be treated as financial
institutions for purposes of this subchapter.
(Pub. L. 106-102, title V, Sec. 527, Nov. 12, 1999, 113 Stat. 1449.)
References in Text
The Commodity Exchange Act, referred to in par. (4)(D), is act Sept.
21, 1922, ch. 369, 42 Stat. 998, as amended, which is classified
generally to chapter 1 (Sec. 1 et seq.) of Title 7, Agriculture. For
complete classification of this
