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Banking Duty of Secrecy

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Submitted By aisyabakr
Words 3465
Pages 14
TOPIC
Banks have throughout time been imposed with the duty of secrecy owed to a customer. Unlike United Kingdom, Malaysia has codified this duty of secrecy and also similarly codified all the exceptions to this duty. With reference to the relevant banking legislation in Malaysia and case law, discuss and evaluate the scope of the duty of secrecy and its qualifications. Suggest also legal reforms to strengthen the bankers’ duty of secrecy owed to the customer.

Introduction
Loyalty and confidentiality are the basis of all agent-principal relationships, although the scope of duty may differ from one field to another. In Parry Jones v Law Society, Lord Diplock LJ emphasised the vitality of the duty of secrecy or confidentiality,
Such a duty [of secrecy] exists not only between solicitor and client, but for example, between banker and customer, doctor and patient and accountant and client. Such a duty of confidence is subject to, and overridden by, the duty of any party to that contract to comply with the law of the land. If it is the duty of such a party to a contract… to disclose in defined circumstances confidential information, he must do so, amend any express contract to the contrary would be illegal and void.
In banking, this duty of secrecy is particularly important as it maintains the faith and confidence of the client. More importantly, it serves as a protection for the customer’s dealings and affairs and not for the protection of the bank. The public interest of maintaining stability and confidence in the banking and financial system is very important to help develop a successful economy. People need assurance of the privacy and confidentiality of their banking uses. The duty was first created by the Swiss Banking Act 1934 and has now been adopted as the very basic of private banking, although a higher standard of secrecy may be offered by certain

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