Banking Law Part 5 Bank Secrecy
Summary
TLDR本视频脚本深入探讨了银行保密法的重要性。讲师首先通过提问学生是否曾接到金融机构的电话来引起兴趣,然后解释了银行保密法的含义,即银行有义务保护客户的信息,包括存款和信用情况,不得泄露给第三方。接着,讲师讨论了银行保密法的例外情况,包括税务问题、破产程序、刑事诉讼、民事诉讼、银行信息交换以及客户的个人请求。通过这些例子,讲师强调了银行保密法对于保护客户隐私和防止数据滥用的重要性。最后,讲师以鼓励的话语结束,提醒学生保持学习的热情,并期待下一次的课程。
Takeaways
- 🏦 银行保密是指银行有义务保护客户信息,包括存款和信用信息,不得泄露给第三方。
- 📞 如果接到金融机构的电话,首先要问他们是如何获得你的电话号码的,因为这可能涉及到银行保密的违反。
- 🚫 银行保密被违反时,可以采取法律行动,这可能导致经济上的不利后果。
- 🇮🇩 印尼法律承认了几种银行保密义务的例外情况,这些情况允许银行披露客户信息。
- 📜 根据印尼银行法第41条至第44条,银行保密义务的例外包括税务利益、破产程序、刑事案件程序、民事诉讼以及银行信息交换等。
- 💼 如果个人或公司在税务上有问题,税务办公室可以要求银行公开相关信息。
- 🏛 在破产程序中,法院或法定机构可以要求银行公开客户的财务信息,以便进行资产清算。
- 📈 如果涉及刑事案件,检察官或授权机构可以要求银行提供客户的账户信息。
- 🤝 银行之间可以交换债务人的信息,以帮助评估贷款申请。
- 🙋♂️ 客户也可以个人请求银行公开自己的财务信息,例如公务员或政府官员有义务报告自己的资产。
- ⚖️ 银行保密是银行法中的一个重要主题,它与金融安全和客户隐私息息相关。
Q & A
什么是银行保密?
-银行保密是指与存款人或客户有关的信息,包括其财务状况和信用信息。银行有义务保护客户的信息,不得向第三方披露,除非在特定情况下。
如果银行未经我同意就将我的信息提供给第三方,这是否违反了银行保密原则?
-是的,除非在法律允许的特定情况下,否则银行未经客户同意不得将客户的信息提供给第三方。如果银行违反了这一原则,客户可以采取法律行动。
银行在哪些情况下可以合法地披露客户的信息?
-银行可以在以下情况下合法披露客户的信息:税务利益、破产程序、刑事案件的法院程序、银行与客户之间的民事诉讼、银行信息交换系统以及客户的个人请求。
如果我认为我的银行保密权被侵犯了,我应该怎么办?
-如果你认为你的银行保密权被侵犯了,你应该首先询问银行是如何获得你的信息的。如果发现银行违反了保密义务,你可以采取法律行动,包括提起诉讼。
银行保密对个人财务安全有多重要?
-银行保密对个人财务安全至关重要,因为它保护了客户的财务信息不被未经授权的第三方获取,从而防止了可能的财务欺诈和身份盗窃。
银行保密原则是否对所有客户都适用?
-银行保密原则通常对所有客户都适用,但法律也规定了一些例外情况,例如税务调查、破产程序或刑事诉讼等。
银行在什么情况下可以因税务利益而披露客户的信息?
-当税务机关认为某个人或公司涉嫌逃税,并且需要银行提供信息以便进行税务调查时,银行可以披露客户的信息。
在破产程序中,银行如何披露客户的信息?
-在破产程序中,如果法院或破产管理人需要了解客户的资产情况以进行资产清算,银行可以向他们披露客户的信息。
如果银行违反了银行保密原则,可能会面临哪些后果?
-如果银行违反了银行保密原则,可能会面临法律责任,包括罚款、赔偿损失以及对银行声誉的损害。
银行信息交换系统是如何工作的?
-银行信息交换系统允许一家银行查询另一家银行的客户信用信息,以帮助评估客户的信用状况,例如在审批贷款申请时。
客户在什么情况下可以要求银行公开自己的信息?
-客户可以在个人请求的情况下要求银行公开自己的信息,例如作为政府官员需要报告自己的资产,或者作为立法者、州长、市长等需要公开财务信息。
Outlines
🔒 银行保密法概述
本段介绍了银行保密法的基本概念,强调了银行有义务保护客户的信息,包括存款和信用信息,不得泄露给第三方。同时,提到了银行保密法的例外情况,如税务问题、破产程序、刑事案件调查等,这些情况下银行可以合法地披露客户信息。此外,还提到了个人主动要求银行公开信息的情况,例如公职人员申报财产。
📚 银行保密法的法律程序和例外
这段内容详细讨论了银行保密法的例外情况,包括税务调查、破产和资产拍卖、刑事案件程序、民事诉讼以及银行信息交换系统。特别指出,在这些特定情况下,银行被法律授权披露客户信息,并不违反银行保密法。
🤝 银行信息交换与个人请求公开信息
本段进一步解释了银行信息交换系统的重要性,如信用检查,以及个人在特定情况下请求银行公开其信息的合法性。强调了在这些情况下,银行共享或公开客户信息是符合银行保密法的,例如个人为了满足政府机构的财产报告要求。
🌟 结语与鼓励
最后一段作为结尾,讲师鼓励学生继续保持学习的热情,并分享知识。讲师提醒学生,尽管面临挑战,但所有事情终将过去,包括当前的学习阶段。以感谢和祝福结束,期待在下一课程中与学生见面。
Mindmap
Keywords
💡银行保密
💡客户信息
💡数据泄露
💡法律程序
💡税务调查
💡破产程序
💡刑事案件
💡银行信息交换
💡个人请求
💡违规行为
💡银行义务
Highlights
银行保密是指与存款人或客户及其财务状况相关的信息,银行有义务保护客户的信息不被泄露。
如果银行未经客户同意就泄露其信息,可能构成违反银行保密义务。
银行保密的例外情况包括税务利益、破产程序、刑事案件程序、民事诉讼、银行信息交换以及客户个人请求。
在税务利益方面,如果税务局认为个人或公司有逃税行为,可以要求银行披露信息。
破产程序中,政府或法院可以要求银行公开客户的资产信息,以便进行资产清算。
在刑事案件中,如果涉及腐败或洗钱等嫌疑,检察官或法官可以要求查看客户的银行账户信息。
民事诉讼中,如果银行和客户之间存在法律纠纷,银行可以公开客户的账户信息。
银行信息交换系统允许银行之间共享客户的债务信息,以评估客户的信用状况。
客户个人请求是银行保密的例外之一,例如政府官员可能需要公开自己的财务信息。
违反银行保密义务可能会导致法律诉讼和经济损失。
银行保密是银行法中的一个重要子话题,因为它关系到客户的财务安全。
银行保密的讨论也涉及到数据保护和隐私权的问题。
银行保密的界限和例外情况在法律上有明确规定,以平衡公众利益和个人隐私。
银行保密的违反可能会导致银行面临法律责任。
银行保密义务的履行对于维护金融系统的信誉和客户信任至关重要。
银行保密的讨论也与当前的税收特赦政策有关,这可能会影响银行信息的访问权限。
银行保密的理解和应用需要考虑多方面的因素,包括法律、伦理和实践。
Transcripts
hello class welcome back to the business
law course and still in the banking law
topic this is the fifth as well as the
last sub topic of this topic still with
me your lecturers generally speaking and
for this last part we are going to talk
about Bank Secrecy have you ever
experienced getting a call for from
someone or a certain institution
especially financial institution or bank
and offering you many kind of surfaces
well actually do you never as long as
you remember you never give your number
to them I don't know maybe because it's
still in in school I mean you still a
student maybe not many a few experience
with that but for me or maybe for the
others your parents let's say your
brother who only worked we used to get
some call offering us many kind of
surfaces many kind of a financial
instrument
well actually we never gave our number
to those institutions
if it was me if it were me every time I
got it kind of calling the first
questions I always delivered to do one
call me is where do you get my number
because I need to know where they get my
number because if they get my number
from the bank where I am the customer in
that band and the bank already committed
a violation of a bank secrecy so what is
actually a bank secrecy very secrecy is
anything related to the information
regarding the depositor or the customer
and his deficits so the bank plus keep
my information and they are not allowed
to give my information to the other
parties including also how much money I
have in their banks and also how how
much credit I have in their bank so they
cannot give it to to the other parts
because they are mandated to protect my
information and maybe if you've heard
many discussion in internet that now
days and even years so since years ago
there are some institution who sells the
data the data regarding information of
their customers and it is possibly
brings some disadvantage for us because
now our data can be known by other party
and maybe this other party could use it
for something bad so that's why every
time you got a call and you never think
that you give their number to to the
color do not response them do that
response when they offer but firstly
acts where do you get my number
if they said it's from the bank the bank
where you are the customer and you can
you can assume the responsibility for
the bank it is also a thought remembered
at the previous subtopic we discuss
about tort I am Harper Guatemala whom an
action against load and bring us
economically economic disadvantages
economic loss so Bank Secrecy ISM is the
obligation of a bank nevertheless
Indonesian law also recognized several
situation that is excluded from the
obligation of the bank to keep the
information so in several situation the
bank an open our information as their
customer or as their depositors those
exception is based on article 41 law of
banking I already gave you the number of
the regulation
you may check it in article 41 until 44
the exceptions are including the first
one in the matter of the interest of
Taxation if the tax office considering
this person or this company is committed
to a certain action to hide their
liability of the tax so the office or
the government in this case can ask the
bank where the suspect is becoming the
customer to open the information about
this customer so then the legal
procedure of the tax investigation can
be conducted so if you are committed to
a certain action to hide your tax or you
do not pay your tax then the text office
and as well as the the other authorized
government's that load by the law they
can ask the informations about you about
your Rick about your account about your
money in the bank where you are a
customer of the bag so in this case the
when the bag is open your information to
the authorized it is not a violation of
the bank secrecy because it is load it
is an exception that's only four to one
second is in order
Apple plate which has been transferred
to agency that and option affair order
of in order is set all clean
disregarding standard or an auction
affair remember when I
so that if you fail to pay your
liability to demand so the bank can do
the auctions to your asset so sometimes
this the government also could options
some was asset let's say in the
bankruptcy process the bolita Indonesia
in bankruptcy when you are being
corrupted or a company's bankrupt its
stated by the government by the court
then there could be some action
conducted by the court or the legal
court or the clutter for the ancient
goods number the clutter of law which is
the which the job is to settle the
payment of your liability when you are
being crafted you can divide it can so
you have to pay your liability to your
creditor so the one who will manage your
asset now is the character so for the
interest of the option of your assets
then the government or the authorized
can asking the bank to open your total
informations in the bank
so then the total of asset that you have
can be known and known by the carotids
and the curator can list it and can
calculate how much you have and how much
the potential money debt could be earned
from the option that's - that's the
exception so in this kind of situation
when the been open this information so
it is not a violation the third one is
in the interest of court procedure in
criminal case or procedure in criminal
case for example if someone is committed
or suspected for a corruption or money
laundering so in the during the process
of the litigation or process in the core
the judge is also the prosecutor I need
to find the facts including the fact of
the money that you have as the respect
of the
corruptions to find the total
information so one of the things that
can be done by the prosecutor for
example is to check your account in the
bank's when where you are the customer
of the bank where you become the
customer so they need to know how much
is the real money that it has in that
barrel so in this case when the
prosecutor on the authorised institution
asking the been where you are the
customer when you become the customer
they asking the information about you to
the bank and then the bed open it it is
not the violation of being secrecy
because it is accepted from the Bank
Secrecy obligation because there is the
name of the enforcement of law in
criminal action so in this case when the
bank open it to the prosecutor they give
you information of you of your money of
your credit in the bank so now the
prosecutor has the data so the bear is
not committed to any violation here
number four in case of civil suit
between bank and customer this is
related to the previous sub part
regarding the settlement of the bad
credit I told you that one of the
solution the bank can use to X the money
from the doctor who is failed to pay the
money is to sue them to the court so
then it is a lawsuit between the bank
and the customer in this case when the
bank opened the information about the
money in the bank so it is not a
violation of the bank secrecy the fifth
one is for the force of bank information
exchange exchange of bank information so
there is a system we call it baby check
in Indonesia check England one bank is
linked to another banner regarding the
information of the debtors let's say
that you you are the adapter in bang a
and then you are going to apply for
another credit to bank B so then B they
can check whether you have any liability
in another bank and then let's say that
in baking they find out that your name
it still has some liability something
solid in been a and maybe you are has
has been blacklisted by being a so it
could be their main information to
consider your application so in this
case then bang bang B could also try to
get oral information or our confirmation
directly to bring a so then B can
communicate with Ben bay Bank a and Bank
egg and open the information about you
in their bank to the bank B for the
consideration of being B whether they
want to approve or reject your
application so in this case when being a
open your information to them B it is
not a violation because it is a lot in
in order to to to create the the
exchange information it could be
beneficial for Bank in considering
someone's application the sixth one is
open personal request personal request
of the the customer let's say I am the
consumer in Ben C and I accidentally to
open my information may be to a certain
institution or to public why why do I
want to open my information sometimes
because I am a civil servant let's say
that I have an obligation to report my
my my asset to the government or maybe I
am an officer in a certain government
institution
maybe I am the legislator so I have a
liability to open my my my money my
asset information as well as if I am the
governor I am the major this is my
liability so in this case when I exited
Bank to open the information of my money
in their bank upon my personal request
and then the bank open it it is not a
violation but out of there of the six
reasons it is a violation so the bank
cannot just give the information to
let's say an insurance company let's say
a financial institution here sadhana for
example no you cannot give it so if they
give it to them
maybe this earlier of the bearing yeah
they are already do the violation of the
Bank Secrecy even though nowadays there
is one issue especially when there is a
tax amnesty there is a regulation
which then gives a situation there seems
like every tax officer now can access
our bank information
well that is still debatable whether it
is necessary or not and if you want to
read further about that it is provided
in my book but the point is you can see
it from different points of view because
now with the regulation even though we
are not having some problem in the court
or maybe we don't have any bet that in a
bank now that's all these are can check
our information of deposits in the bank
so there is about Bank Secrecy this is
one of many formations and also one of
the main subtopic in banking law because
sort of your finance is also related to
the ASIS or if they remember and this
will be the closing of this topic
hopefully you can still keep it up and
share up
just enjoy it there's still more a lot
of things to do but believe me
everything will pass all things must
pass this too will pass
again thank you
bless you see you at the next stop
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