Bank Law Essay

Bank's obligation of privacy is an implied term of contract between buyers and their banking companies and building societies the particular firms will keep their consumers' information private. This confidentiality is not just limited to account transactions – that extends to all the information that the bank has about the customer. Yet from time to time, banking companies end up releasing information that they can should have kept secret of their customers into a third party which usually sometimes ends up in major implications for the banks and their customers.

Bank's duty of confidentiality continues to be eroded even before the September 11th strike, the 1924 case of TOURNIER V NATIONAL COMARCAL AND UNION BANK OF ENGLAND this really is has shown that a banker's duty of privacy is not absolute. The TOURNIER principles set out 4 areas where a bank may legally disclose information about its customer. These kinds of principles today are still set up and are: -

Where your bank is required by law to disclose the information. If the bank has a public obligation to disclose the data. If the bank's very own interests require disclosure.

Where the customer has agreed to the knowledge being revealed.


If the bank discloses information about a customer in any circumstances other than all those described previously mentioned, then it offers acted wrongly and should, as a general rule, be kept liable for the reasonably foreseeable consequences of its action.. If a bank's carelessness contributes to a break of privacy that does not reduce the fact that the financial institution acted in breach of any fundamental duty it payable to the customer.

oCompulsion by Law

The first exemption in TOURNIER permits the bank to disclose confidential information beneath compulsion of law. This can be either for common legislation or law. The Panel on bank took the view outside the window that too various damages have been made by guidelines into banking confidentiality, which give rise to the following legislation exceptions