Banking secrecy exists solely in the interest of the bank's customer, not the same bank. This statement is obvious on the basis of Article. 104 and 105 of the Banking Law. However, it is worth attention, since banks often tend to be patching up bank secrecy, equating it with the mystery of the banking business (which is obviously unfounded.)
For example:
- at a meeting of the Parliamentary Special Committee "Friendly State" for related to the reduction of bureaucracy 7/21/2010 PBA representatives concealed the bank said banking secrecy in the name of the occasion to reproduce an example (if client agrees) unfair banking practices (see here )
- in proceedings before the District Court in Zielona Gora (ref . Act V GC 41/09) and the Regional Court in Gdansk (file IC 1769-1709), Bank Handlowy SA requested (unsuccessfully) to conduct meetings behind closed doors because of the mystery of a banking enterprise in affirming the need to protect information from banking secrecy.
Civil Proceeding governed by the principle of transparency (Article 9 of the CPC.). Restrictions on access to information concerning the act (Article 9 restricts access to the file, giving it only to the parties) or the exceptional circumstances in which, generally speaking, the court may restrict access to information. Restrict access to the file is reasonably arrangements (if it were otherwise, then § 94 of the Minister of Justice of 23.02.2007 - Terms of office are not courts of law would provide for the possibility of agreeing by the department chairman and president of the court to release files to third parties).
Treatment of information about the course conduct the process with the participation of entrepreneurs as a business secret is incorrect, as it goes beyond the statutory definition of business secrets (Article 11.4 ZNKU states that companies are subject to secrecy only "[...] undisclosed information to the public "). If a civil action is open and everyone can participate in it as the public (including the publication of wyrou), the information about the process can not be covered by a mystery company.
Freedom of disseminating information about the course of justice despite the lack of agreement between the parties (or one side) confirms the common practice of feeding the media, one or both parties without their consent (for example, with DGP 23/12/2009: "A small company won a large bank," ) as well as state authorities involved in court proceedings as a party (eg press release OCCP 15/12/2010 ).
Quite the opposite principles prevail in the judicial arbitration (arbitration). The activities of private arbitration as an institution should include characterized by confidentiality, and thus preserve the secrecy of the course and outcome of the arbitration. "Fragments of arbitration awards may be published for scientific purposes, provided that the parties have reserved the confidentiality. "(T. Wisniewski and M. Hauser-Morel in commercial law system. T. eighth Commercial Arbitration. Warsaw 2010, p. 463). confidentiality as an advantage proceedings before a court held by them shall also indicate the PBA (see here ).
practice, however, is different. For example, in cases brought before the Arbitration Court at the Polish Banks Association (file: SP-M.5 / A / 09 and SP-M.9/A/09) agents of the bank in a major paper publish the rulings handed down by themes ( Rzeczp. from 22/12/2010: "Banks with companies win lawsuits and currency options ").
Meanwhile:
- hearing the main proceedings are not public (§ 27.2 of the Rules of the Court of Arbitration of the PBA) and
- publication of the decision (always unmarked pages) is possible only with the consent of the President of the Court of Arbitration (§ 35 of the Rules.) Party - opponents of the process of the bank's knowledge of such agreement the President of the Court.
eventual approval of the President of the Court of Arbitration of the PBA for the publication of the decision in a dispute with a customer of the bank could not be effective because the mandatory provisions of Article. 104 and 105 of the Banking Law, which do not provide this form of exemption from the obligation of bank secrecy.
consent to the publication of the President of the Court ruling, even without the customer's designation, which would be the unauthorized disclosure of information relating to banking activities (Article 104 Pr.bank.). This in turn could cause the bank's liability for damages (Art. 105.6 Pr.bank.) And the criminal liability of bank employees and persons acting on his behalf (Article 171.5, in conjunction. Article. 104.1. And 104.6 Pr. Bank..)
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