Why Do Banks Share Your Financial Information and Are They Allowed To? (2024)

Posted on December 09, 2020

In a word: yes.

If you’ve ever applied for a loan, you know that banks and credit unions collect a lot of personal financial information from you, such as your income and credit history. And it’s not uncommon for lenders to then share your information with other vendors, such as insurance companies after the loan is finalized. But why do banks and credit unions share your information and what protections are available to consumers to ensure their privacy?

Today’s WatchBlog explores ournew reporton this issue. You can also tune in to our new podcast with GAO consumer protection and privacy experts Alicia Puente Cackley and Nick Marinos to learn more.

Transcript

What types of information do banks collect and why?

Banks and credit unions collect and use many types of personal information to conduct everyday business activities and to market products and services. The information banks collect may be used to create bank statements, monitor for fraud, and determine credit eligibility.

Banks and credit unions also gather information about consumers’ online activities. This information may not identify an individual, but can be used for marketing. For example, when consumers access a financial institution’s website and use mobile or online services, banks and credit unions collect information about their social media and browsing activities, type of computer or mobile device, and network address. Banks mainly use this information to ensure their websites function properly, detect and prevent fraud, and per ourreport, to tailor advertisem*nts.

Why do banks share your information?

The personal information banks collect and share helps them approve customers for services like loans and set up accounts. But it is also helps them and their marketing partners determine whether they should offer other products and services. Banks share information with various types of third-party vendors including:

  • financial companies like mortgage bankers, securities brokers-dealers, and insurance agents;
  • retailers (for example, home improvement stores), magazine publishers, airline companies, and direct marketers;
  • companies that deliver services on behalf of the lender (for example, mortgage servicers), and government agencies and nonprofits.

Why Do Banks Share Your Financial Information and Are They Allowed To? (1)

Are they allowed to share your information?

Again, the answer is yes. But, banks and credit unions are also required to have processes in place to protect the personal information they collect, use, and share with third parties. Also, customers can opt out of having their information shared under certain conditions. The primary law that governs how financial institutions can use or share personal information about consumers is the Gramm-Leach-Bliley Act of 1999. This law prohibits a financial institution from disclosing a consumer’s nonpublic personal information like your Social Security number, income, and outstanding debt to companies that are not related to the financial institution. Consumers have the right to opt out of some, but not all, sharing of their personal information. There are exceptions. For example, banks don’t have to let you opt out when transferring your information to their loan servicer.

To learn more about this topic and consumer protections, check outour report.And to learn more about our portfolio of work on this topic check out our key issues page onConsumer Financial Protections.

  • Comments on GAO’s WatchBlog? Contactblog@gao.gov.

Topics

Business Regulation and Consumer Protection

Information Security

Consumer Financial Protection Bureau

Consumer protection

Consumer protection laws

Cybersecurity

Banking law

Financial Markets and Community Investment

Information Technology and Cybersecurity

GAO Contacts

Why Do Banks Share Your Financial Information and Are They Allowed To? (2)

Alicia Puente Cackley

Director

cackleya@gao.gov

(202) 512-8678

Why Do Banks Share Your Financial Information and Are They Allowed To? (3)

Nick Marinos

Managing Director

MarinosN@gao.gov

(202) 512-9342

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Why Do Banks Share Your Financial Information and Are They Allowed To? (2024)

FAQs

Why Do Banks Share Your Financial Information and Are They Allowed To? ›

The information is needed to conduct normal bank business. For example, your bank can send personal information to outside firms that help market or deliver your bank's products that you may not already use. The information protects against fraud or unauthorized transactions, or responds to a court order.

Can banks share your financial information? ›

California law lets you tell your bank and other financial companies that you do not want them to share your personal financial information in some cases. You can say no to, or opt out of, having your information shared with outside companies that offer financial products or services.

Can you sue a bank for disclosing personal information? ›

If a financial institution or the government fails to follow the RFPA, you have the right to sue for both injunctive relief and damages. The legal damages you can seek for RFPA violations include: Actual damages. A set damage rate of $100 per violation (regardless of the volume of records involved)

Are banks allowed to share customer information? ›

The primary law that governs how banks can share personal information about consumers is the Gramm-Leach-Bliley (GLB) Act of 1999 which prohibits the disclosure of certain private information like Social Security numbers, income, and some outstanding debt.

Can banks disclose information to government? ›

Generally, the RFPA requires that federal government agencies provide individuals with a notice and an opportunity to object before a bank or other specified institution can disclose personal financial information to a federal government agency, often for law enforcement purposes.

What bank details should not be shared? ›

Don't share your Debit / Credit cards with any one. Don't share your personal information like Debit card details/PIN/CVV/OTP/Card Expiry Date/UPI PIN, over phone mails/e mail/SMS to anyone even though some one pretending to be bank officials. Your bank never asks for such details to customers.

Who can access your bank account legally? ›

Only the account holder can authorize transactions to and from that account. For a spouse to access their partner's bank account, there must be a specific and legally recognized reason for doing so, like when they have been granted power of attorney or they are the main beneficiary of that account.

Can government see my bank account? ›

In the US, the general rule is that nobody, including the government, can search your financial records without your consent or a law authorizing the search. By the Fourth Amendment, such a law must be reasonable or it's unconstitutional.

Is it illegal to ask for bank statements? ›

Bank statements for whom? It is legal for you to request bank statements for any account that you are an owner or authorized signer on. It's illegal to request someone else's bank statements.

Is the Bank Secrecy Act a law? ›

More In File

Congress passed the Bank Secrecy Act in 1970 as the first laws to fight money laundering in the United States.

Is the Bank Secrecy Act unconstitutional? ›

Several cases were combined before the Supreme Court in California Bankers Assn. v. Shultz, 416 U.S. 21 (1974), which ruled that the Act did not violate the Constitution.

What are the laws for bank confidentiality? ›

A financial institution must provide a notice of its privacy policies and practices with respect to both affiliated and nonaffiliated third parties, and allow the consumer to opt out of the disclosure of the consumer's nonpublic personal information to a nonaffiliated third party if the disclosure is outside of the ...

Why you should not always tell your bank how much you make? ›

You don't have to answer

No matter how you answer, there could be an impact on your credit limit, Howard said. Lenders can cut your credit line at any time whether or not you respond to update requests.

What do banks have to disclose? ›

The bank must disclose information such as the following: Interest rates. Crediting and compounding policies. Service fees.

Can anyone access my bank account without my permission? ›

Unless you have provided the information no one can access your bank account. You can change your PIN if you don't want that person to access your bank account. What should someone do if they suspect their identity has been stolen and their bank account has been accessed without their permission?

Do banks have confidentiality? ›

Almost all banking secrecy standards prohibit the disclosure of client information to third parties without consent or an accepted criminal complaint. Additional privacy is provided to select clients via numbered bank accounts or underground bank vaults.

Can bank disclose customer information to third party? ›

Regardless of whether a financial institution shares nonpublic personal information, the insti- tution must provide notice of its privacy policies and practices to its customers. A financial institution generally may not disclose consumer account numbers to any nonaffiliated third party for marketing purposes.

Are bank accounts confidential? ›

No financial institution, or officer, employees, or agent of a financial institution, may provide to any Government authority access to or copies of, or the information contained in, the financial records of any customer except in accordance with the provisions of this chapter.

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