ZGODA KLIENTA BANKU NA PRZEKAZANIE INFORMACJI KONFIDENCJONALNYCH FIRMOM ZEWNĘTRZNYM JAKO NARZĘDZIE GWARANCJI KONSTYTUCYJNEGO PRAWA DO PRYWATNOŚCI
CLIENT CONSENT TO TRANSFER CONFIDENTIONAL INFORMATION BY BANK TO OUTSOURCING PARTNERS AS A MEAN OF PROTECTION OF CONSTITUTIONAL RIGHT TO PRIVACY

Summary/Abstract: The article deals with a problem of co-operation of bank with its outsourcing partners and transfer of confidential data. Polish legal regulations concerning protection of confidential data should be shaped and interpreted in line with the constitutional right to privacy and right to make decision about personal life. Article 47 of the Polish constitution provides that everyone shall have the right to legal protection of a private and family life. Article 51 guarantees protection of informational autonomy of individuals. Article 104 Sec. 3 of Polish Banking Act, 1997, corresponds with constitutional right to make decision of a personal life. According to this provision bank is obliged to obtain prior client’s consent to transfer personal data and information concerning banking operations to third parties. However, according to the Banking Act banks are released from that obligation while transferring data to outsourcing partners. Moreover, banks are not obliged to inform their clients about abovementioned transfers. It seems that legislator should find better means to protect fundamental rights of banks’ clients.

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