LegRoom.net Kick back and relax

Not only does the GLBA only cover a narrow scope of records, it also has some exclusions which are, well bizarre. It excludes law enforcement agents acting within the scope of their duties. This suggests that if the cops want your financial records, rather than going down the hall to the prosecutor to get a subpoena (or issuing an administrative subpoena, getting a search warrant, a FISA warrant, a FISA order, a National Security Letter, the consent of the bank, or any of the myriad legal ways to get your information) it would be permissible for the cops to simply call the bank, pretend to be you (or anyone else) and trick the bank into ponying up your records. Pretty cool. And if you challenge the legality of the search as a violation of your privacy, a court might very well conclude that these records about you aren?t your records, but rather records of the financial institution. Therefore, even if the search is unreasonable, you don?t have what the law terms standing to challenge it. Lovely.