Refusal of banking secrecy: the National Bank responded to the proposal of the Ministry of Finance to open data to tax authoriti

18 January 2025, 14:51 | Economy
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The National Bank denies the need to provide unlimited extrajudicial access to bank secrecy for any authority, in particular tax. This was stated by the NBU, responding to the words of Finance Minister Sergei Marchenko about the need to open bank secrets to State Tax Service employees.

“By a court decision, law enforcement officers and tax authorities can gain access to information containing bank secrecy, but to do this they need to provide arguments regarding the validity, expediency and existence of grounds for obtaining such information, which is an important safeguard for limiting access of regulatory authorities to private personal information.

They added that determining the boundaries of legal protection of bank secrecy always requires careful weighing of private and public interests: on the one hand, the bank client’s right to confidentiality, on the other, public interests, in particular, the prevention and investigation of criminal activities.

The NBU also noted that in the EU, where Ukraine is striving, the protection of private property, in particular personal financial data, is an integral part of the rule of law, and any unjustified expansion of access to banking information threatens the fundamental rights of citizens and contradicts European values.

The head of the NBU emphasized that banking secrecy is, among other things, confidence in the banking system.



“The importance of the institution of bank secrecy is no less important than the principle of the presumption of innocence defined in the Constitution, which forms the foundation of trust in society,” said Andrei Pyshny.

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