The Verkhovna Rada of Ukraine can oblige banks to disclose personal data of customers at the request of the National Police, which has caused concern among lawyers, as this may violate the constitutional rights of citizens. This norm was included in the draft law №11043 before the second reading, and it should be put to a vote in the near future.
The innovation provides for amendments to the Law “On Banks and Banking Activity”, according to which a written or electronic request from the National Police can become the basis for disclosure of bank secrecy. If the law enforcement officers suspect that a bank client has violated certain articles of the Criminal Code of Ukraine (in particular, articles 185, 190-192, 200, 361-363), the bank will be obliged to provide information about the client within 24 hours of receiving the request.
In particular, banks will be required to disclose the following data:
- amount and currency of the transaction
- the date of the transaction
- type of operation
- geospatial data, IP address, remote communication device or payment device address
- identification data of the recipient, including full name and tax number for individuals, or name and code of EDRPOU for legal entities
- information about the means of payment and the identifier of the payment transaction
The legal department of the Verkhovna Rada expressed serious reservations about this initiative. Experts noted that the draft law requires the disclosure of an excessive amount of information, which may violate the constitutional right to the protection of personal data. At the same time, clear grounds for sending such requests are not defined, and it is unclear how payment service providers will determine the presence of signs of criminal offenses.
