18.01.200 Authorization for Inspection of Customer Records

(a) Except as otherwise specifically provided by tribal law, any tribal governmental body (other than the Tribe itself), board, bureau, commission, utility, or agency, or any political subdivision of the Tribe, or organizations or agencies supported, in whole or in part, by tribal funds or expending tribal funds, may not disclose customer information to any other person, tribal agency, or law enforcement agency unless disclosure is made in accordance with any of the following:

(1) Consent is granted by the customer in writing and signed by the customer;

(2) To a tribal agency, other governmental agency, or law enforcement agency pursuant to valid legal process.

(3) To any other person pursuant to valid legal process; or

(4) For the purposes of reporting a suspected violation of the law when the tribal entity reasonably believes that the customer is engaged in unlawful activity.

Customer information refers to any information derived from a customer's records.

(b) Intentional violations of this section by a tribal agency or any other person, or a willful failure by the tribal agency or any other person to make these records available within ten (10) days after written authorization, or within the time limits prescribed by legal process, may result in a liability for an amount up to two hundred fifty dollars ($250.00), plus attorney fees incurred in any proceeding to enforce this section. Any tribal agency, or other person acting in good faith on any provision in this section, may not be held liable to the customer or any other person.

(c) Any agency or person requiring or requesting access to customer information shall make such request in writing, and pay to the tribal entity that assembles or provides the customer information reasonable costs incurred for supplying the information.