Banking Law Gwendoline Griffiths
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In January 2007, Gwendoline Griffiths had the following to say on the British Bankers’ Association (BBA) Web site:
[On] the basis of the countries considered in Neate on Bank Confidentiality [which considers the position in 31 countries], countries where the balance lies in favour of keeping a customer’s information confidential (as opposed to disclosing it) seem to be in the minority. Indeed in some countries the duty of bank confidentiality appears to have been eroded to such an extent that it should be viewed as the exception, rather than the rule.?Instinctively this may seem to be a detrimental development—why should governments, and others, have increasing access to information on banks[‘] dealings with their customers? To what extent is this really in the public interest? Are proper protections still in place to ensure that customer information is not open to misuse?
– Analyse and evaluate the legal protection in relation to confidentiality provided banking customers under UK law, and
– contrast it with protection afforded to banking customers in one or more other jurisdictions.
– For your analysis, use the documents available at the following webpages:
1) https://www.financial-ombudsman.org.uk/publications/ombudsman-news/45/45_bankers_duty.htm
2) https://www.mourantozannes.com/media/453284/the%20duty%20of%20confidentiality%20the%20rule%20and%20four%20exceptions.pdf
– In relation to your findings, briefly address the questions Griffiths raises in the quote above.
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