Tennessee Code Annotated

Tenn. Code Ann. § 45-10-104 (2026)

Requisites for disclosure - Effect of disclosure

✓ current as of May 2026

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(a) Except as provided in § 45-10-103, a financial institution may not disclose to any person, except to the customer or the customer's agent, any financial records relating to that customer unless:
- (1) The customer has authorized disclosure to that person as provided in § 45-10-105; or
- (2) The financial records are disclosed in response to a lawful subpoena that meets the requirements of §§ 45-10-106 and 45-10-107.

(b) Nothing in this chapter shall preclude any financial institution, or any officer, employee, or agent of a financial institution, from notifying a government authority that the institution, or officer, employee, or agent has information that the financial institution or its representative believes may be relevant to a possible violation of any statute or regulation. The information may include the name or other identifying or descriptive information concerning any individual, corporation, or account involved in any suspected illegal activity, and a description of the activity. The information may be disclosed notwithstanding any law or regulation of this state to the contrary. Nothing in this section shall create any duty to provide any information to a governmental authority except in accordance with subsection (a), nor relieve any duty to provide information to a governmental authority when otherwise required by law. Any financial institution, or officer, employee, or agent thereof making a disclosure of information pursuant to this subsection (b), shall not be liable to any person under any law or regulation of this state or political subdivision thereof, for disclosure or for any failure to disclose information required or permitted under this section.

Acts 1983, ch. 224, § 4; 1995, ch. 309, §4; 2003 , ch. 98, § 1.

Notes of Decisions

Cited in 7 cases (1 in the last 5 years), 1985–2021 · leading case: James Heflin v. Iberiabank Corp., 571 S.W.3d 727 (Tenn. Ct. App. 2018).

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James Heflin v. Iberiabank Corp., 571 S.W.3d 727 (Tenn. Ct. App. 2018). · cites it 2× “6 Tenn. Code Ann. § 45-10-104 . However, the statute provides that an employee of the bank is entitled to access information protected by the act.”

State, Dep't of Revenue v. Moore, 722 S.W.2d 367 (Tenn. 1986). · cites it 4× “T.C.A. § 45-10-104 states that disclosure may be made in response to a subpoena that complies with the requisites of T.”

Walker v. White, 89 S.W.3d 573 (Tenn. Ct. App. 2002). · cites it 2× “Tenn.Code Ann. § 45-10-104(a)(2000)(em-phasis added).”

Raina Fisher v. State of Tennessee (Tenn. Crim. App. 2017). · cites it 2× “See T.C.A. §§ 45-10-104(a)(2), -106. She further argues that the use of an administrative subpoena violates the protections against unreasonable searches and seizures.”

Sevier Cnty. Schs. Fed. Credit Union v. Branch Banking & Trust Co. (E.D. Tenn. 2021). · cites it 2× “88]; therefore, the Court finds that Defendant’s arbitration rights will not 1 See Tenn. Code Ann. § 45-10-104 (“a financial institution may not disclose to any person, except to the customer or the customer’s agent, any financial records relating to that customer unless .”

Renasant Bank v. Ericson, 801 F. Supp. 2d 690 (M.D. Tenn. 2011). · cites it 2× “” Tenn.Code Ann. § 45-10-104(a) (2007). The statute defines “financial records” as any original document, any copy of an original document, or any information contained in the document, other than a customer’s name, address, and account number, held by or in the custody of a…”

Duvoisin v. First Tennessee Bank (In re S. Indus. Banking Corp.), 49 B.R. 760 (Bankr. E.D. Tenn. 1985). · cites it 2× “Tenn.Code Ann. § 45-10-104 (Supp.1984) provides: Requisites for disclosure.”

— Tenn. Code Ann. § 45-10-104(a) — 1 case

Renasant Bank v. Ericson, 801 F. Supp. 2d 690 (M.D. Tenn. 2011). “” Tenn.Code Ann. § 45-10-104(a) (2007). The statute defines “financial records” as any original document, any copy of an original document, or any information contained in the document, other than a customer’s name, address, and account number, held by or in the custody of a…”

— Tenn. Code Ann. § 45-10-104(a)(2) — 1 case

Raina Fisher v. State of Tennessee (Tenn. Crim. App. 2017). “See T.C.A. §§ 45-10-104(a)(2), -106. She further argues that the use of an administrative subpoena violates the protections against unreasonable searches and seizures.”

— Tenn. Code Ann. § 45-10-104(a)(2000) — 1 case

Walker v. White, 89 S.W.3d 573 (Tenn. Ct. App. 2002). “Tenn.Code Ann. § 45-10-104(a)(2000)(em-phasis added).”

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