BANKANIN MÜŞTERİLERİNİN SIRLARINI SAKLAMA YÜKÜMLÜLÜĞÜNÜN SINIRLARI

Authors : Emin KAHYAOĞLU

Pages : 27-37

View : 15 | Download : 20

Publication Date : 2003-12-28

Article Type : Research Paper

Abstract :The obligation of banks to keep the secrets of its clients has been providedfor in Art. 22insert ignore into journalissuearticles values(8); of the Banking Act No 4389. According to the aforementioned Article, those who are under this obligation are the personnel of the bank, the other entitledpersons and third persons. Banks may make use o f the services o f third persons in their activities regarding secrets of their clients. It is especially inevitable for banks to make use o f the services o f third persons in activities such as having credit cards and extracts printed and the preparation o f programs and software. It is possible to accept such third persons as those who assist fulfilling the obligations.  During all these processes, it is inevitable to supply these persons with information regarding bank clients within strict limits, necessitated by the services they will perform. The provision of information to such persons does not mean that the bank revealed its clients` secrets. Those who assist  fulfilling the obligations, must be considered within the scope o f the concept `the other entitled persons`. Since it is a fact that clients` secrets may also revealedbybanks`personnel, the provision of information regarding credit cards to third persons means that the bank accepts the risk o f disclosure o f secrets. 
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