Journal of Central Banking Law and Institutions
Vol. 1 No. 1 (2022)

The Principle of Amanah in the Utilization of Consumer’s Personal Data and Information in Open Banking

Trisadini Prasastinah Usanti (Universitas Airlangga)

Article Info

Publish Date
28 Dec 2021

Abstract

Banks are generally prohibited in any possible way from providing customers’ data or information to third parties unless there is a written consent from the customer, or it is required by laws or regulations. Open banking allows banks to obtain customer financial data and information and forward them to third parties to accelerate a digital transformation in banking. The existence of the customer’s consent resulted in the bank’s legal action providing customer data and information to a third party is not considered as a violation to the principle of confidentiality. However, the provision of customer data by banks to third parties must be based on the fiduciary principle, prudential principle, and principle of amanah, since the misuse of customers’ data can lead to administrative sanctions, criminal sanctions, and civil liability.

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Journal Info
Journal of Central Banking Law and Institutions
Website

Abbrev

jcli

Publisher

Bank Indonesia Institute

Subject

Humanities Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

Description

Journal of Central Banking Law and Institutions (JCLI) is an international peer-reviewed journal. ​​JCLI publishes triannually. JCLI focuses on a range of topics examining the intersection of central banking law and institutions on the monetary, financial system, and payment systems that include ...