Part F Cross-Border Issues, 43 The Banker’s Duty of Confidentiality
- Breach of confidentiality — Regulation of banks
This chapter examines the nature and scope of the bank's duty of confidentiality, and the exceptions to it. It considers the difficulties which may confront a bank with branches in several countries and whose business may therefore be subjected to several different systems of law. The discussions cover the system of law applicable to the duty; the general nature and scope of the duty; disclosure under compulsion of law; disclosure in the interests of the bank itself; disclosure in the public interest; disclosure with the consent of the customer; damages for breach of the duty; the Data Protection Act 1998; wider duties of confidence; duties of confidentiality to third parties; and other duties of confidentiality.