The Protection of Information Containing Bank Secrecy in Connection with Regulations Protecting Personal Rights

Abstract

Bank secrecy its protection covers all information obtained by the bank in connection with the performance of the bank at the stage of negotiations and in the process of concluding and performing the agreement between the beneficiary bank secrecy. The doctrine remains disputed acquisition of bank secrecy protection provided for in the Civil Code for personal goods. This publication is a voice in the discussion on the possible recognition of banking secrecy as one of not enumerated in the article directory 23 of the Civil Code personal property. According to the analysis and the position taken in this publication is a violation of banking secrecy may be subject to the consequences provided for violations of personal rights, for the protection of the right to privacy as recognized in doctrine and case law for personal interests to be protected. The concept of institutional protection of personal enables the beneficiary to the mystery of redress as guaranteed in Article 24 and 448 of the Civil Code a broad catalog of exceptions when the bank is required to maintain the confidentiality of information obtained leads to the conclusion that the protection of secrecy, both on the grounds of the Civil Code, the Banking Law and the Law on Protection of Personal Data remains in the current legal system the institution of the diminishing importance for trade, while the public interest is for the good of the legislature far more important than the interests of a particular individual.