In the near future, the Verkhovna Rada of Ukraine will vote in the second reading on amendments to legislation that significantly tighten the rules for disclosing bank secrecy. Draft law11043 stipulates that banks will provide the National Police with information on payment transactions upon request if there is reason to believe that such transactions are related to criminal offences, reports Komersant ukrainskyi
Article 62 of the Law “On Banks and Banking Activities” regarding the procedure for disclosing banking secrecy is going to establish a new ground for disclosing banking secrecy. Namely, banks must disclose it to the National Police of Ukraine in cases and to the extent specified in Article 31 of the Law “On Payment Services”.
This article is to be supplemented by a new part 7, according to which, if a payment service provider receives a written (electronic) request from the National Police body tasked with implementing the state policy in the field of combating cybercrime regarding a user’s payment transaction if such a transaction contains signs of a criminal offence under Articles 185, 190-192, 200, 361, 361-2, 362-363 of the Criminal Code of Ukraine, such a provider shall, within the shortest possible time (but not later than 24 hours after receiving the request), provide the following information
- the amount and currency of the payment transaction;
- date of the payment transaction;
- type of payment transaction;
- geospatial data, IP address, address of the means of remote communication (including the payment application) or payment device used to perform the payment transaction (if any), and in case of a payment transaction through a cash desk – the address of the cash desk (if any);
- identification data of the recipient: for an individual – surname, name and patronymic (if any), registration number of the taxpayer’s account card; for a legal entity – full name, identification code according to the Unified State Register of Enterprises and Organisations of Ukraine;
- full name of the recipient’s payment service provider;
- unique identifier of the recipient and/or full number of the electronic payment instrument and/or account of the recipient;
- name and code of the acquirer (if any);
- identifier of the payment device (if any);
- code identifying the transaction in the payment system (if any);
- unique payer identifier and/or full number of the electronic payment instrument and/or payer’s account.
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These changes have left the Main Legal Department of the Parliament with many questions.
“The introduction of the dissemination of “information on all owned property (assets) and liabilities of persons”, which is confidential information, without the consent of the owners of this data is unreasonable, disproportionate and does not take into account the requirements of Article 3 of the Constitution of Ukraine,”
– the department said.
It is also planned to change the approaches to which payment services provided by mobile operators will be considered limited payment services.
Author: Aliona Kaplina