Banks will disclose banking secrecy, personal data and IP addresses of Ukrainians at the request of the National Police

Ukraine wants to change the rules for banks’ response to police inquiries about money fraud — the relevant draft law No. 11043 is to be considered by the Parliament in the near future.

According to the document, banks must respond to the National Police’s request for a client’s payment transaction «as soon as possible» (but no later than 24 hours) — in cases where such a transaction contains signs of a criminal offense under Articles 185, 190-192, 200, 361, 361-2, 362-363 of the Criminal Code of Ukraine (all of which are somehow related to theft, fraud, hacking of electronic systems, etc.).

What information should banks provide?

• The amount and currency of the payment transaction;
• The date of the payment transaction;
• Type of payment transaction;
• Geospatial data, IP address, address of a remote communication tool (including a payment application) or payment device used to perform a 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 Organizations 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 account.

According to experts, such amendments do not take into account the requirements of the Constitution regarding the protection of confidential information about a person.

Source: Judicial and legal newspaper