The obligation of banks to keep the secrets of its clients has been providedfor in Art. 22(8) ofthe Banking Act No 4389. According to the aforementioned Article, those who are under this obligation are the personnel ofthe 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 fprograms 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.
Primary Language | Turkish |
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Journal Section | Makaleler |
Authors | |
Publication Date | December 28, 2003 |
Published in Issue | Year 2003 Volume: 11 Issue: 1&2 |