Section 4-56-107 - Digital currency - Legislative findings - Prohibited - Definitions(a) The General Assembly finds that: (1) Digital currency may be used for many common things, including without limitation payment applications or through online transactions;(2) Individuals feel strongly about their right to privacy;(3) An individual may be tracked through the use of digital currency concerning purchases and locations; and(4) Tracking an individual without his or her knowledge and consent or a legal right to do so should be prohibited.(b) As used in this section: (1) "Central bank" means a financial institution given privileged control over the production and distribution of money and credit for the United States;(2) "Central bank digital currency" means a digital form of central bank money that is available to the general public;(3) "Central bank money" means legal tender that is a liability of the central bank; and(4)(A) "Digital currency" means a digital form of money that is available to the general public.(B) "Digital currency" includes central bank digital currency.(c) A digital currency tracker shall not be used in this state to track an individual's purchases or location through the use by an individual of digital currency unless: (1) A warrant has been issued in a criminal or civil court case that expressly authorizes the tracking of the individual's purchases; or(2) The individual knows and consents to the digital currency tracker.(d)(1) The Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, restricts the ability of a government authority to access or obtain the financial records of a customer of a financial institution.(2) The Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, provides exceptions for when a financial institution does not need customer consent for the disclosure, including if a legitimate law enforcement inquiry is submitted to the financial institution.(3) To the extent the disclosure authority is restricted by a state statute that limits the ability of a financial institution to share information relating to a legitimate law enforcement inquiry, it could be determined to conflict with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, and would be subject to challenge under federal law.(4)(A) This section does not prohibit a financial institution, or an officer, employee, or agent of a financial institution, from complying with the Right to Financial Privacy Act of 1978, Pub. L. No. 95-630, the Bank Secrecy Act, Pub. L. No. 91-508, or Federal Financial Institutions Examination Council regulations, including without limitation currency transaction reports and suspicious activity reports.(B) A financial institution, or officer, employee, or agent thereof, refusing a request for disclosure of disclosure of protected nonpublic information under this subsection in good faith, shall not be liable to any government authority.Added by Act 2023, No. 596,§ 1, eff. 8/1/2023.