Published : 2024-08-22

Legal and non-legal bases for the protection of information about a natural person constituting banking secrecy

Abstract

The aim of the article is to demonstrate that the grounds for protecting information constituting banking secrecy include legal and non-legal ones. Despite such a wide scope of regulations, the balance between privacy and the possibility of access of public authorities to confidential information has not been maintained, as evidenced by the consistently expanded catalog of cases by the legislator in which it is possible to obtain information covered by banking secrecy or entities having access to it. Non-legal bases for the protection of information regarding customer relations with bankers have a much longer tradition, which proves their importance for banking transactions. The importance of the issues discussed is also evidenced by the fact that the institution known today as banking secrecy was the subject of protection in merchant and banking practice even before it was formalized in the form of generally applicable regulations. The formal-dogmatic method was used, which was the basis for legal research and was used for the exegesis and interpretation of legal acts. The basic sources of data are legal acts and literature on the subject. Based on the results of the conducted research, it should be concluded that the guarantee nature of banking secrecy is disappearing, despite the scope of protection being so broadly defined in the regulations.

Keywords:

banking secresy, informations, protections, law basis, extra-legal basis

JEL Codes

K38


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Sagan-Martko, M. (2024). Legal and non-legal bases for the protection of information about a natural person constituting banking secrecy. Safe Bank, 95(2), 27–42. https://doi.org/10.26354/bb.2.2.95.2024

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