The breach of bank secrecy by

Controversies[ edit ] Use by repressive governments[ edit ] HackingTeam has been criticized for selling its products and services to governments with poor human rights records, including SudanBahrainVenezuelaand Saudi Arabia. Documents leaked in the data breach of HackingTeam revealed the organization sold Sudanese National Intelligence and Security Service access to their "Remote Control System" software in forEuros. In a follow-up exchange, HackingTeam asserted that their product was not controlled as a weapon, and so the request was beyond the scope of the panel.

The breach of bank secrecy by

The Court of Appeal held that a bank owes its customer a legal duty of confidentiality not to disclose information to third parties. Any breach of this could result in liability for damages if loss results.

The breach of bank secrecy by

This duty arises between a bank and its customer upon the opening of an account and continues after account closure. It covers all transactions concerning the account and information obtained by virtue of the relationship between the bank and its customer. However, the duty is qualified by some exceptions laid down in Tournier and more recently confirmed in Christofi v Barclays Bank plc.

Arguably, a similar duty of confidentiality is implied in the relationship between an individual and his or her accountant, financial adviser and trustee.

The law in this area has evolved through rulings applying the principles laid down in Tournier. Exceptions Compulsion by law The duty to comply with local law overrides the duty of confidentiality.

Key legislative provisions require an individual or entity to disclose information as follows; Prevention of crime The disclosure of arrangements and suspicions under the Drug Trafficking Offences Law is not treated as a breach of restriction upon the disclosure of information imposed by statute, contract or otherwise.

Police have wide powers of investigation, including ability to apply to the Royal Court for orders requiring the disclosure of information, including confidential information against third parties believed to be connected with drug trafficking offences.

It also imposes a statutory obligation to report any suspicion or belief that funds may be derived from drug trafficking and to supply information on that basis. The Proceeds of Crime Law extended the reporting obligations to a wider variety of criminal activity.

It is a defence to substantive money laundering offences to have disclosed suspicion to the police. Such reporting is not a breach of any restriction on disclosure imposed by statute, contract or otherwise if the suspicion or belief is proved to be mistaken or unfounded.

Under the law the bailiff may order the production of, or access to, specified documents.


A production order may be issued to investigate whether someone has benefited from criminal conduct or to identify the proceeds of any criminal conduct. Under the Investigation of Fraud Law, the attorney general can investigate suspected serious or complex fraud.

Where information requested is held under a duty of confidentiality, disclosure may be given if i the person to whom the duty of confidentiality is owed consents, or ii the attorney general has authorised the issue of the disclosure requirement.

The Criminal Justice International Cooperation Law allows requests for assistance from foreign territories to be enforced by the attorney general. The attorney general may issue a notice requiring a financial institution to provide evidence as requested. Under the Terrorism Law there is a positive obligation on financial institutions to report knowledge, suspicion or reasonable grounds for knowing or suspecting that one of the offences under this law has been committed.

Disclosure is protected and is not a breach of any restriction against the disclosure of information. Also, under the Police Procedures and Criminal Evidence Law a bank may be served by the police with a notice of application for entry and search regarding material subject to a duty of confidentiality.

Regulatory Under the Company Securities Insider Dealing Law, the Financial Services Commission may appoint an inspector to investigate a suspected contravention of the law.

The inspector can require anyone to attend to deliver documents and answer questions. Banks may be required by the commission to produce documentation or information on customers to enable it to perform its functions under the Banking Business Law. Evidence in proceedings In relation to overseas criminal prosecutions, under the Evidence Proceedings in other Jurisdictions Order, a person believed to hold relevant evidence may be ordered by the Royal Court to produce documents and give evidence.

In relation to civil proceedings underway, under the Service of Process and Taking of Evidence Law, overseas courts may request the Royal Court to make orders for disclosure of evidence relevant to foreign proceedings. Taxation Since November Jersey has been party to a tax information exchange agreement with the United States.

The minimum timeframe for compliance with a request is 30 days. In times of war, for example, a bank would have a public duty to disclose information relating to a particular customer to the authorities if it has knowledge of that customer trading with the enemy. Interests of the bank require disclosure This would occur, for example, in bank proceedings against a customer claiming overdraft repayment where the bank must state details of the overdraft amount on the face of a summons, which is a public document.

Express consent should be in writing, stating specifically the purpose for which the consent to make disclosure has been given. Substantive Offences assisting another to retain the benefit of criminal conduct; acquiring, possessing or using of proceeds of criminal conduct; concealing or transferring the proceeds of criminal conduct; and tipping off others.

The substantive offences relevant to financial institutions are: The materials contained on this website are for general information purposes only and are subject to the disclaimer.

ILO is a premium online legal update service for major companies and law firms worldwide. In-house corporate counsel and other users of legal services, as well as law firm partners, qualify for a free subscription.Commonwealth Bank of Australia has been criticised once again for its governance procedures and lack of care for its customers, after it failed to disclose a potential data breach of 20 million.

Banking secrecy, alternately known as financial privacy, banking discretion, or bank safety, is a conditional agreement between a bank and its clients that all foregoing activities remain secure, confidential, and private.

While some. webhost In approximately March , the free web hosting provider webhost suffered a major data breach that exposed almost 15 million customer records. The data was sold and traded before webhost was alerted in October. The breach included .

Aug 15,  · bank secrecy breach CIC issues show-cause notice to ex-president of Hockey India Rajinder Singh According to the RTI Act, the penalty can only be imposed on an official holding the charge of Central Public Information Officer which is a personal liability on him. Banking in Switzerland began in the early 18th century through Switzerland's merchant trade and has, over the centuries, grown into a complex, regulated, and international industry.

The breach of bank secrecy by

Along with the Swiss Alps, Swiss chocolate, watchmaking and mountaineering, banking is seen as emblematic of tranceformingnlp.comrland has a long, kindred history of banking secrecy and client confidentiality.

bank's license for serious breach of legal obligations.'5 Banking secrecy being one of the most important of these obligations, the Commission can prevent any .

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