Banks' observance of secrets and their responsibility. What is bank secrecy? Legislative regulation of the concept of banking secrecy

The bank guarantees the secrecy of the bank account and bank deposit, account transactions and customer information (clause 1 of Art. 857 of the Civil Code of the Russian Federation).

In the event that the bank discloses information constituting a banking secret, the client whose rights have been violated has the right to demand compensation for the losses caused (clause 3 of article 857 of the Civil Code of the Russian Federation).

The bank, as well as the organization performing the functions of compulsory insurance deposits, transfer operators Money, bank payment agents (subagents), operators of payment systems, operators of payment infrastructure services guarantee secrecy about operations, accounts and deposits of their customers and correspondents (Art.26 of the Law of 02.12.1990 N 395-1; Art.26 of the Law of 27.06. 2011 N 161-FZ).

The following information constitutes the bank secrecy of an individual:

on its operations, including those carried out by bank payment agents (subagents), on accounts and deposits in the bank;
balances and transfers of electronic money;
personal data of an individual (client).

The general condition for prosecution is evidence of the disclosure of the specified information. It can be any written or electronic documents, from which it follows that the bank secret of an individual became known to an inappropriate subject.

The current legislation provides for three types of liability for disclosing bank secrets: civil, administrative and criminal.

Civil responsibility

To bring a bank to civil liability in the form of compensation for losses, it is necessary, in addition to the fact of disclosing bank secrets, to prove the presence and amount of losses of an individual - real damage or lost profit (clause 2 of article 15 of the Civil Code of the Russian Federation). It is also necessary to prove the causal relationship between the actions of employees of the bank or other relevant organization and the losses caused. The bank is held liable by filing a claim to the bank for compensation for losses caused by the bank's disclosure of information constituting bank secrecy. If the claim is not satisfied, you can file a statement of claim in a court of general jurisdiction.

Administrative responsibility

A bank employee can be held administratively liable for disclosing information with limited access (Article 13.14 of the Administrative Code of the Russian Federation). In this case, the basis for initiating an administrative offense case may be a citizen's statement to the police or the prosecutor's office (clause 3 of part 1 of article 28.1 of the Administrative Code of the Russian Federation).

Criminal liability

Criminal liability arises if:

the person has received information constituting banking secrecy by stealing documents, bribery, threats or in any other illegal way;
a person to whom the banking secret was entrusted or became known through service or work, disclosed or used it without the consent of the owner, including if it caused major damage or was committed out of selfish interest or entailed grave consequences (Article 183 of the Criminal Code of the Russian Federation).

To initiate a criminal case, it is necessary to send a report on the crime to the internal affairs bodies (police) (clause 3, part 1 of article 140 of the Criminal Procedure Code of the Russian Federation).

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Banking secrecy- some data about the client, stored in the archives and the current office work of the financial organization. They represent information about depositors, their transactions, personal numbered accounts and credit history.

The confidentiality of such information is protected by regulatory enactments. Russian Federation... If this requirement is violated, a credit or other financial institution will incur criminal procedure... Confidential data can only be disclosed to the competent authorities for reasons specified in separate regulations. If the provided secret information is disclosed to a third party, the culprit will incur administrative or criminal penalties. In turn, the client, when disclosing personal information by the bank, has the right to demand from financial structure compensation for material and moral damage caused.

The institution of banking secrecy is regulated with the latest edition on 12/29/15, as well as (Civil Code of Russia). Selected provisions are regulated by separate regulations and government decrees.

What information is related to banking secrecy?

Bank secrecy concept represents information that a financial institution is not entitled to disclose. Such information includes:

Information about the financial transactions performed. These include: attracting client funds into deposits, providing a loan, opening and maintaining a cash account, making settlements, collecting funds and valuable papers, financial management, buying and selling currency, transactions with precious metals and stones, exercise bank guarantees, leasing procedures.
Data on personal accounts of depositors and clients of the bank or other credit institution. Account type and number, day of its opening and monetary value.
Information about the deposits of individuals and legal entities. The type and term of investment, the procedure for calculating and the amount of interest.
Personal data of contributors. Information from the passport, about the location, information from the extract of the Unified State Register of Legal Entities for the organization.
Other information established by the charter of a financial institution.

Information about the client's solvency, as well as about the payment of tax and other mandatory contributions bank secrecy does not constitute.

To whom can the bank disclose banking secrets?

Banking secrecy in Russian law can be disclosed to the following categories of persons:

The clients themselves or correspondents of the credit institution.
Referees of any category based on the relevant verdict.
Representative of the Accounts Chamber according to the request signed by its Chairman.
To a civil servant of the Federal Tax Service (federal tax office).
Representative of the Pension Fund.
To the Commissioner of the Fund social insurance.
Bailiff based on the relevant verdict.
Civil servant of law enforcement agencies.

Confidential data that may be presented to the competent authorities on the basis of Federal Law No. 144 "On Operational Investigative Activity" dated 12.08.95. with latest changes and additions on June 29, 2015, are the corresponding certificates. They display information about transactions and accounts of companies, private entrepreneurs and individuals. These documents are issued only on the basis of judgment or orders of the prosecutor's office to identify, prevent and suppress any criminal activity of these persons.

Bank secrecy, which is information about the accounts and operations of citizens of the Russian Federation, can be provided to the competent authorities on the basis of Federal Law No. 273 "On Combating Corruption" dated 25.12.08. with the latest amendments on November 28, 2015, in cases where:

A citizen applies for a public office.
The person announced a claim for the place of the judge.
A citizen applies for the position of a civil servant of federal or territorial significance.
The person has announced a desire to become a member of the Board of Directors of the Central Bank of Russia.
A citizen applies for the position of head of the executive body of federal or territorial power.
A person applies for the position of the head of a state or municipal formation.

The same information is disclosed for persons who are close relatives and family members of the listed citizens.

In the event of the depositor's death, the bank secrecy will be disclosed to his close relatives, if they made a testamentary disposition during his lifetime. Otherwise, this information will be transferred to the notary at the place of residence of the deceased, who will open the inheritance case.

Sale of debt to collectors

The sale of bank debt to collectors in Russia and, accordingly, full access to confidential information does not apply to illegal action if the claim has been alienated in the form of assignment of obligation, and at the same time a corresponding agreement was concluded -. In this case, the assignee receives the name - the assignor, and the acquirer - the assignee. Otherwise, the legal regime will invalidate such an obligation.

According to jurisprudence if not licensed to implement banking, the client has the right to appeal the transfer of debt to another company. The borrower's claim is void if the possibility of assigning a debt to a commercial institution is spelled out in the relevant clause of the loan agreement.

When a bank debt is sold to a collector, an assignment agreement is concluded, where a separate clause indicates the transfer of the obligation to preserve secret information and the punishment for such a violation.

Liability for Disclosing Banking Secrets

For the disclosure of confidential information, regulatory legal acts provide the following types punishments:

According to Clause 3 of Article 857 of the Civil Code of the Russian Federation for the disclosure of personal data, you can make a claim to the bank with a demand to compensate for the damage caused.
On the basis of the (Criminal Code of Russia), the unlawful use of information relating to the personal data of the client, without the permission of the interested party, can be punished by an appropriate fine or by dismissal from office for a period up to five years... If the person who divulged the information is a civil servant, he is deprived of his job. In some circumstances, corrective labor is used for a period up to three years.

The most popular question and answer on the concept of banking secrecy

Question: Good afternoon. My name is Stepan. Is it possible to refer to confidential data information about the marital status of the borrower who received a loan from the bank?

Answer: Hello Stepan. Based Article 26 of Federal Law No. 395-1 dated 02.12.90 any personal information about the borrower financial company falls under the concept of confidential information and is not subject to disclosure.

Conclusion

Bank secrecy law – normative act, differentiating information that is confidential data, from general information available to the public. Such non-public information is available only upon an appropriate request made by the borrower himself or by government agencies under the circumstances established by law.

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The material informs about the confidential data of the bank's client, constituting bank secrecy. Issues covered:

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A financial institution that processes confidential customer information is committed to protecting sensitive data from disclosure to third parties. Attackers who received information about cash flows or access to payment instruments, may use declassified data to carry out illegal activities.

What is bank secrecy?

According to the current legislation, the concept of bank secrecy usually refers to any secret information about completed transactions, customer passport data and services provided, which institutions have no right to accidentally or deliberately transfer to unauthorized persons without receiving court orders and official requests. government agencies... The implementation of fraudulent schemes involves the use of confidential data of individuals and legal entities, therefore, creating optimal conditions for keeping bank secrets can significantly reduce the risk of financial scams and fraud.

Disclosure of banking secrecy results in:

The use of customer data by cybercriminals in order to obtain material benefits.
Blackmailing legal entities and individuals.
Declassification of information about cash flows and amounts on current accounts.
Loss of deposits and savings.
Theft of funds stored on bank cards Oh.

The conditions for potential disclosure of banking secrets are tightly controlled at the legal level. The transfer of classified data occurs only under the circumstances specified by law, including the process of investigating various crimes. Banks undertake not only to hide customer information from unauthorized persons, but also take care of building a reliable data protection system.

What is banking secrecy?

The legal concept of banking secrecy usually means the entire array of data that a client voluntarily submits to a financial institution to obtain specific services. Banks are prohibited from declassifying the data provided in applications and questionnaires. These are often the originals of contracts, copies of various documents certified by a notary, extracts from valid bank accounts, passport and contact details of the client. The entire list of confidential information is specified in the current law governing the process of banks' activities.

Banking secrecy now includes:

Requisites of legal entities.
Passport and contact details of individuals.
Data regarding the level of income available to the customer.
Financial details of bank cards and various types of current accounts.
Information about property rights, including collateral and property received on credit.
Data on opening or closing accounts (number, currency, type, validity period and date of signing the agreement).
Financial summaries of completed transactions, cash flows and total volume of transactions.

The main list of information that officially constitutes banking secrecy is required by financial institutions to conduct operational activities and compile a general balance sheet enterprises. The provided personal or corporate information can be disclosed only after agreeing with the client on the terms of declassification of certain data. For the deliberate transfer of classified information to third parties in order to obtain benefits, a criminal penalty is provided. Government agencies gain access to confidential data without the consent of the client and the bank as part of the information collection procedure for generating analytical reports, conducting inspections and investigating crimes.

Legal protection of bank secrecy

Comprehensive legal protection of various confidential information is simultaneously regulated by several laws in force. The definition of banking secrecy is presented in the law regulating the process of banking activities, but many of the nuances of protecting personal and financial data are also spelled out by the Civil Code and an extensive list of related legal acts.

In the legal field, banking secrecy is regulated by:

Article 857 of the Civil Code.
General provisions of the Federal Law "On Protection of Consumer Rights".
Article 183 of the Criminal Code (comes into force only in case of illegal disclosure of confidential data and commercial secrets).
Article 26 of the Federal Law "On Banks and Banking Activities".
Federal Law "On Information, Informatization and Information Protection".

Any information about valid current accounts, open deposits received credit products activated plastic cards and the operations performed can be used by cybercriminals in fraudulent schemes. Confidential information should also include specific files stored on the servers of Internet banking systems and official mobile applications... Leaking files from virtual databases can have serious consequences. The electronic data accounting industry is practically not controlled at the legislative level, therefore commercial banks trying to protect the interests of clients on their own.

When signing an agreement on crediting, opening a deposit, maintaining a current account or issuing a card, a client of a financial institution must pay attention to the point in which he agrees to the processing of confidential information. In exchange for obtaining such permission, the financial institution is obliged to guarantee the safety of the data received. In the event of a conflict situation, the legal protection of the interests of the parties to the transaction will be protected taking into account the terms of the agreement signed by the parties.

Disclosure of banking secrecy

Each bank officially undertakes to make efforts to maintain the confidentiality of the information provided by the client. Any information leak can lead to financial losses, therefore, the law regulates cases where deliberate disclosure of information is officially permitted. A request for obtaining data related to bank secrecy has the right to be submitted by a state or non-profit institution that is authorized to perform the functions of control and monitoring of banking details.

Requests for confidential information come from:

Federal Service for Financial Monitoring in the fight against illegally obtained income.
Investigative bodies at the stage of investigating crimes.
Services bailiffs at the stage of seizure of property to pay off debt obligations.
The Central Bank in the course of collecting statistical and analytical information.
Courts of various instances.
Tax inspectorate in case of consideration of cases of tax evasion.
Deposit insurance agencies (for individuals only).

The list of state bodies that work with confidential information of legal entities includes the Accounts Chamber, the Ministry of Internal Affairs, Pension Fund, The Customs Service and the Social Security Fund. Often, employees of the organizations listed above apply for classified information in the course of investigating crimes, often related to evasion of tax, social and pension benefits.

Legal entities work under conditions of strict monitoring financial activities, therefore, commercial banks undertake to provide the authorized bodies with a very extensive package of documents at the first request. Sometimes representatives of the Pension Fund, Tax Inspectorate, FSS and Rosfinmonitoring require information solely for monitoring purposes, but in most cases the request concerns suspicious transactions. With the client's permission, commercial banks send data to the bureau credit histories.

Authorized employees of government agencies usually require you to provide for verification:

Extract from checking account client confirming or refuting transactions.
Data regarding the opening or subsequent closing of current accounts.
Information about the change of previously received payment details.

It is prohibited to transfer confidential data to individuals. An exception will be the official representatives of the client of the financial institution or the heirs who have officially formalized the ownership of the debts and property of the deceased. If the client has not made a will, the data concerning the property is received by the notary.

Collectors get partial or full access to bank secrets in two cases. When the court granted performance list, a client agreement for the disclosure of confidential information is not required. Out-of-court settlement of disputes involves the transfer of debt obligations to a third party in accordance with the concluded agreement governing the process of assignment of the right of claim. In this case, it is necessary to obtain consent from the borrower to change the terms of the current loan agreement.

Liability for violation of banking secrecy

Commercial banks are prohibited from refusing to release confidential information from an authorized government agency. Some data are collected automatically by the monitoring service. This is done to reduce the risk of suspicious transactions. Cash flow accounting will allow you to get rid of serious mistakes, the victims of which are often the customers of banks themselves.

A violation of the banking secrecy storage system is considered:

Accidental declassification of information as a result of technical errors and actions of bank employees.
Deliberate disclosure of classified data in order to obtain financial gain.
Transfer of information about the client to collectors in violation of current legislation.
Using the provided contact information for sending notifications without the client's formal consent.

Employees of a financial institution may even be held criminally liable for deliberate violation of the conditions for keeping bank secrets. The dispute that has arisen can be resolved within the framework of an amicable agreement. Usually, banks inform the client about a data breach, recommending that they contact the nearest branch of the institution chosen for cooperation to amend the existing agreements. For example, there is a temporary blocking of compromised bank cards and various current accounts. Banks are ready to pay material and moral damage in return for the injured party's refusal to initiate legal proceedings. If the client does not compromise, the case for the disclosure of classified information constituting a bank secret is transferred to the criminal court.

Types of penalties for disclosing confidential data:

Dismissal of the person responsible for the leakage of information, followed by a ban on holding the previous position for the next three years.
Involvement of the culprit in paid work for up to five years.
Criminal liability with imprisonment of the fraudster for up to seven years.
A fine of no more than RUB 1.5 million.
Confiscation of regular income received by a convicted person over the next three years.

The injured party has the right to demand full compensation for losses incurred and moral damage caused. The severity of the punishment depends on the consequences of the disclosure of confidential information, therefore, the plaintiff is obliged to prove the fact of damage during the trial. Employees may be held liable for deliberate or accidental disclosure of classified data included in bank secrecy. financial institutions and other persons with access to classified data, including representatives of government agencies and non-profit organizations (The Bureau of Credit Histories is a body that carries out activities for the formation, storage and processing of credit histories "> BKI).

Banking secrecy protection methods

On state level Bank secrecy is usually protected by creating a legal framework within which financial institutions are required to operate. Without exception, all authorized state bodies use data declassified by banks only for specific purposes related to monitoring financial activities and investigating crimes. Commercial banks are required to take practical measures to restrict access to the entire array of confidential information.

Comprehensive protection methods:

Informing clients about data that should be kept secret (passwords, logins, PIN-codes).
Restriction and differentiation of the right to access confidential information.
Tightening of labor contracts concluded with financially responsible employees of the bank.
Instructing employees of a financial institution on the processing of client's personal data.
Implementation of a multilevel hardware and software system for protecting databases stored on the bank's servers.
Reducing the amount of data required for a customer to receive banking services.
Use of data encryption protocols on the websites of commercial banks.
Technical data protection, including the transition to the use of cloud data storage.

In addition, banks are reducing the amount of data that is transmitted to the media. If earlier many financial institutions provided analytical and statistical reports for publication in trade publications, now enterprises are mainly limited to purely general data. This allows you to protect the interests of large corporate clients who are served in banks.

Disclosure of certain confidential information is allowed only after receipt official request from authorized state bodies. If you plan to transfer information into the hands of employees of non-profit organizations, in mandatory written permission from the client is required. The conditions for voluntary disclosure of bank secrets are also prescribed in the agreement.

Summing up, it should be noted that, in general, the domestic system of banking secrecy is relatively high level development. Accepted government agencies comprehensive security measures provide a theoretical basis for regulating the process of protecting confidential financial information... Large commercial banks, in turn, ensure the implementation of measures that allow for the implementation of existing legal norms in practice.

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Banking secrecy (BT) is customer data that is prohibited from disclosure and transfer to third parties. The law establishes responsibility for the disclosure of such information. The banking institution, in accordance with the existing legislation, must guarantee customers that all data relating to BT are kept secret.

Normative base

The concept of banking secrecy is governed by Article 26 of the Federal Law of June 28, 2014 No. 189-FZ. In particular, the law establishes the following norms:

The concept of BT and its components.
A number of structures that can access BT.
A number of structures that are required to comply with BT.
Responsibility for Disclosing Confidential Information.

The Federal Law also contains a list of information that can be transferred to an established list of structures.

Information related to banking secrecy

The list of data that are included in the concept of BT is given in article 26 of the Federal Law dated 02.12.1990 No. 395-1. Let's take a closer look at what exactly refers to banking secrecy:

Personal information about a client of a financial institution: passport data, information about registration or place of residence, phone number, legal entity's details, information about the legal entity's management.
Data on financial aspects: account type and number, opening time, amounts to be paid.
Information about ongoing financial transactions: the currency in which the deposit is open, the amounts of funds deposited and debited, statements, primary documents, drawn up during operations.
Information about the correspondents of the financial institution: the dates of the transactions, their procedure and conditions, the amount of funds.
Information about other activities within banking institution related to management financial flows, internal processes, the importance of which lies in the observance of confidentiality.

ATTENTION! All information related to BT cannot be transferred to third parties or disclosed through the media.

What cannot be a bank secret?

The following information cannot be applied to BT:

Constituent documents, as well as the Charter of the LE.
Papers on the basis of which a person is engaged in entrepreneurial activity (for example, a certificate of registration of an individual entrepreneur, a license to carry out a specific work).
Reporting on the financial activities of legal entities.
Information required to control the calculation and payment of taxes and other mandatory payments.
Documentation confirming solvency.
Data on the structure of the institution: the number of employees and their composition, salary, working conditions, availability of vacancies.
Papers confirming the payment of tax deductions and other payments to the country's budget.
Data on offenses: environmental pollution, problems with the antimonopoly law, ignoring the need to ensure safe working conditions, the sale of goods harmful to human health.
Information on entrepreneurial activity officials banking institution, their participation in joint-stock communities, partnership unions.

ATTENTION! It is important to remember that some data related to bank secrecy may be disclosed upon request from authorized structures.

Who is required to maintain bank secrecy?

Bank secrecy must be observed not only by banks, but also by some other institutions:

Credit structures.
Audit organizations.
Payment systems.
Bank payment agents.
Operations centers.
Insurance companies.

All of these institutions have to work directly with the personal data of clients (including those produced financial operations), which is the reason for the ban on disclosure.

Who has access to bank secrets?

Consider the structures that have access to information related to BT:

Judicial authorities of all jurisdictions.
Tax and customs structures.
Currency control authority.
Accounts Chamber of the country.
Social Insurance Fund.
Pension Fund.
Bailiffs working on the basis of executive documents.
The police are investigating a case that can be solved by bank secrecy.
Notaries.
Consular structures of other countries.
Authority for the Prevention of Money Laundering.
Structures to prevent the financing of terrorist groups.
Official credit bureau.
Certain officials.

The management companies of the bank client can receive only part of the information containing the BT. An exception is organizations located in foreign states... They have no authority to solicit data.

Representatives of this list may request the following information:

Information about the availability of current accounts and deposits at legal entities, private individuals or individual entrepreneurs.
Financial transactions performed.
Balance on bank account.
Documentation of transactions with currency or accounts (for example, closing them).
Information regarding transactions with electronic money.
Information regarding corporate payment systems and transactions with them.

The request for information related to BT should be based on a specific need.

Liability for Disclosing Banking Secrets

Only those persons who are obliged to observe bank secrecy can be responsible for the disclosure of classified information. The following forms of responsibility are envisaged:

Civil... It assumes that the bank will reimburse the client's losses. To bring a financial institution to this form of liability, it is necessary to prove that the disclosure of BT entailed losses or lost profits. You will need to justify the causal relationship between the two events. This rule is stipulated by paragraph 2 of Article 15 of the Civil Code of the Russian Federation. First, the client submits a claim for damages to the banking institution. If the claim is denied, a claim is filed in court. This order must be complied with: first, a claim is filed with the bank, and only then a claim is filed with the court. At the court hearing, it will be necessary to confirm that the client accepted attempts at pre-trial settlement of the case, but the bank refused.
Administrative... To bring an employee of a banking institution to this form of responsibility, you need to submit an application to the police or prosecutor's office. This procedure is established by clause 3 of part 1 of article 28.1 of the Administrative Code of the Russian Federation.
Criminal... A person is prosecuted in a limited number of cases. These include obtaining information related to BT in a criminal way (bribery, threats). Also, criminal liability can be brought to justice if, as a result of the disclosure of information, large damage or serious consequences have arisen, the disclosure of BT was made out of mercenary motives. These rules are stipulated in article 183 of the Criminal Code of the Russian Federation. To start a criminal case, you need to draw up a corresponding statement and submit it to the police. The procedure is established by paragraph 3 of part 1 of article 140 of the Criminal Procedure Code of the Russian Federation.

The form of responsibility depends on the severity of the consequences of disclosing bank secrets. As a rule, this is exactly compensation for damage. The difficulty of bringing to this kind of liability lies in the fact that it is difficult to prove the amount of real damage. However, if all documents confirming the damage caused are present, you can safely go to the bank, and then to Judicial authority to receive your legal compensation.

According to the law, the bank is obliged to guarantee its clients the secrecy of bank accounts, deposits, loans and any operations on them.

Issues discussed in the material:

Is banking secrecy violated when transferring information to collectors?
What is the responsibility for violation of bank secrecy

What is bank secrecy? FZ N 395-I "On banks and banking activities"

Banking secrecy is information about a client that the bank has no right to transfer to third parties. In this article, we will tell you in detail about information constituting bank secrecy, in which situations they can be disclosed to the competent authorities. In accordance with Article 26 of the Federal Law of December 2, 1990 N 395-I "On Banks and Banking Activities", banking secrecy includes information on accounts, deposits and operations of customers and correspondents of banks and other credit organizations.

The concept of banking secrecy means information at the disposal of a credit institution and which can be disclosed to third parties only in exceptional cases established by Federal Law No. 395-I “On Banks and Banking Activities”. The task of any bank is to preserve the confidentiality of customer information. It should be understood that the leakage of information, for example, about the amount of savings on deposits, can cause significant consequences, in particular, criminal prosecution of the owner of the deposit for the purpose of profit or blackmail. There are two main documents in the legislation of Russia, in which the concept of banking secrecy and the information that form it is enshrined:

the federal law N 395-I "On banks and banking activities"
Civil Code of the Russian Federation

If we analyze these regulations, then it can be determined that the following information belongs to the information constituting a bank secret:

Passport data of bank clients (for individuals);
Bank details organizations (for legal entities);
Clients' information on ownership and income level;
The fact of opening an account (accounts), its number and date of opening, type of account, currency of the account;
The fact that there are funds on the account (money, non-identified metal accounts), the amount, interest on the deposit, the term of the agreement;
The fact of availability of a loan, conditions of repayment and receipt, interest rate on a loan;
Cash flow on accounts and deposits. This information includes replenishment of the deposit, withdrawal of money, transfer to your own accounts or the accounts of others.

to speak briefly, then bank secrecy is any information about bank clients and the transactions they make with their accounts.

Disclosure of banking secrecy about legal entities

Separately, it is worth considering the issue of protecting bank secrets and information constituting it in relation to legal entities. Bank secrecy legislation has a number of exceptions, and this is primarily due to the fact that state structures will not be able to carry out their work of control and financial monitoring in the required volume due to the lack of information about the availability and flow of funds in the accounts of organizations and enterprises, and the amount of funds there, as you know, is orders of magnitude greater than in the accounts of individuals. For this reason, in certain cases (strictly prescribed in the Federal Law No. 395-I and the Civil Code of the Russian Federation), a banking organization is obliged to report information constituting bank secrecy upon request. authorized body, and sometimes without a request in an automatic mode, especially for suspicious transactions and cash flows through the accounts of legal entities.

In particular, account statements individual entrepreneurs and legal entities are provided by the bank based on the requests of the following government services and structures:

Courts;
Tax inspection;
Rosfinmonitoring;
The Accounts Chamber of the Russian Federation;
Federal Service bailiffs (FSSP);
Customs Service;
The Pension Fund of Russia (PFR);
Social Insurance Fund of the Russian Federation (FSS);
Ministry of Internal Affairs (when investigating tax crimes).
Investigative bodies(four departments of the Ministry of Internal Affairs, UPC, FSB, Federal Drug Control Service).

In addition to account statements, banks are required to provide tax authorities with information on opening or closing deposits Individual entrepreneurs and legal entities, banks are obliged to inform in the event of a change in the details of the deposits of organizations or individual entrepreneurs.

Information constituting bank secrecy about legal entities, according to the law, the Central Bank of Russia has the right to receive from credit institutions.

Cancellation of banking secrecy, economic news:

There are also non-governmental organizations that have the right to obtain data constituting banking secrets, for example, this is a credit history bureau (BCH). But there is one "but" - information about the committed banking operations can be transferred to this organization only with the consent of the client (as a rule, this condition is spelled out in the agreement with the bank).

Disclosure of banking secrecy about individuals

To whom can the bank disclose information constituting banking secrecy about the accounts of citizens? The following services and government agencies have the right to request information that constitutes bank secrecy about individuals from a credit institution:

Bailiffs Service;
central bank Russian Federation;
Deposit Insurance Agency;
Investigative bodies.

Not a single credit institution has the right to refuse to disclose banking secrets about individuals to the above-mentioned state services and structures.

Separately, it is worth noting the case of the death of a bank client; in such a situation, the credit institution has a need to inform those connected with former client persons (for example, heirs) and inform them of information constituting a bank secret of a citizen. Such information can be information about deposits and current bank accounts of the deceased. In such situations, banks apply the following rules:

If the client did not draw up a testamentary disposition during his lifetime, then the information about his bank accounts will be transferred to the notary, who has an open inheritance case in connection with the death of this person.
In the case when the client made a testamentary disposition during his lifetime regarding his bank savings (drawn up and executed directly in bank branch without the need to certify with a notary), then the bank secret will be disclosed to the heirs, whom the citizen indicated in the order document.

Currently, the Federal Tax Service is empowered to request information from banks about the closure or opening of deposits and accounts of citizens. An important point: to request information about an individual, constituting a bank secret, one or another tax inspectorate (IFTS) has the right only when such a request is agreed with the higher tax authority.

As for the credit bureaus, information about the banking operations of an individual, constituting a bank secret, can be transferred to the BCH only with the consent of the citizen. In most cases, during the signing of the contract banking services with the client, it contains a clause regarding the fact that the citizen is not opposed to providing some information that is a bank secret to the credit bureau.

Is banking secrecy violated if information is transferred to a collection agency?

Of the prevailing judicial practice it's clear that banking structures have the right to transfer debts on loans of their clients to collection firms. But such actions can be carried out only if a number of conditions are met:

The debt is transferred through the execution of an agreement on the assignment of the right of claim. In this case, all provisions must be observed Civil Code Russia on an assignment agreement.
If the borrower is individual, then the sale of debt to collection companies (not having) is possible only if such is stipulated in loan agreement signed by the borrowing client.
If the debt of a citizen is recognized by the court and a writ of execution is issued to the creditor, it can be transferred to any third party, even if the debtor did not consent to such a transfer. (Determination of the Supreme Court No. 89-KG15-5 dated 07.07.2015).

Therefore, if the above conditions are met, in the event that information about the debtor is transferred and provided to her, such actions do not constitute a violation of the citizen's bank secrecy.

However, the staff collection agency, like bank employees, are obliged to comply with measures to preserve information that is a bank secret from unauthorized persons.

What is the liability for violation of banking secrecy? Art. 183 of the Criminal Code of the Russian Federation

Information constituting banking secrecy is protected by law, therefore authorized persons are obliged to keep the banking secrecy of clients. For the disclosure of such information, the legislation of the Russian Federation provides for liability, up to criminal!

If an employee credit institution committed a violation of banking secrecy, the client has full right demand compensation for the damage caused to him. However, the victim himself is obliged to prove the fact of infliction of losses and their size by the disclosure of his bank secrets by careless employees of the credit institution. Practice shows that this is fraught with certain difficulties.

The Criminal Code of the Russian Federation in Art. 183. "Illegal receipt and disclosure of information constituting commercial, tax or banking secrets" determines that, depending on the severity of the consequences of disclosing information containing banking secrets, the following types of punishment may be imposed on the perpetrator:

Fine up to 1,500,000 rubles or in the amount wages or any other income of the convicted person for a period of up to three years;
Deprivation of the right to hold certain positions or engage in certain activities for up to three years;
Forced labor for up to five years;
Imprisonment for up to 7 years.

Article 183 of the Criminal Code of the Russian Federation applies not only to employees of banking organizations, it can also be applied to other persons who had access to information constituting banking secrets and violated it.

Liability is also provided for persons who illegally collect information constituting commercial, tax or banking secrets, by stealing documents, bribery or threats, as well as in any other illegal way.