CIPP/US Study Guide
Chapter 13: Privacy Issues in Civil Litigation and Government Investigations

Right to Financial Privacy Act and Privacy Protection Act

RFPA (1978) requires customer authorization or specific legal process for federal access to individuals' financial records, with advance notice and a right to challenge. PPA (1980) shields media work product from government search/seizure in criminal investigations, pushing law enforcement toward subpoenas.

The Right to Financial Privacy Act (RFPA) applies to banks, credit card companies, and consumer finance companies. A government authority may access a customer's financial records only with: customer authorization; an administrative subpoena/summons; a qualified search warrant; a judicial subpoena; or a formal written request. It applies only to federal requests (a dozen-plus states have similar rules) and only to individuals and partnerships of fewer than five people. Customers generally get advance notice and a right to challenge; penalties include actual and punitive damages and attorney's fees.

The Privacy Protection Act (PPA), passed after Zurcher v. Stanford Daily (1978), bars government officers in criminal investigations from searching or seizing media work product and documentary materials intended for public dissemination - effectively forcing the use of subpoenas or voluntary cooperation. It applies to all levels of government, only to criminal (not civil) matters; violations carry a minimum of $1,000, actual damages, and attorney's fees.

PPA exception

PPA does not protect a reporter who has committed or is committing a crime - but this exception does NOT apply if the only crime is possession, receipt, or communication of the work product itself. Other exceptions exist (e.g. preventing death/serious injury, or risk of destruction).

Key terms - quick answers

What is “Right to Financial Privacy Act (RFPA)”?
1978 law requiring customer authorization, a subpoena/summons, a warrant, or a formal written request before a federal agency may access individuals' or small partnerships' financial records.
What is “Privacy Protection Act (PPA)”?
1980 law protecting media work product and documentary materials from government search or seizure in criminal investigations, passed after Zurcher v. Stanford Daily.