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Academic Journal of Humanities & Social Sciences, 2021, 4(5); doi: 10.25236/AJHSS.2021.040514.

Duty of Confidentiality: Still an Active Duty Imposed on the Banks


Ziyan Dai

Corresponding Author:
Ziyan Dai

Southwest University of Political Science and Law, Chongqing, 401120, China


Duty of confidentiality originated from the Tournier case requires the banks to protect interests and confidences of their customers. However, powered by the development of modern banking business, increasingly statutory exemptions to disclose information about the customers seem to put this duty in an unimportant place. However, in essence, the disclosure does not completely override the duty of confidentiality, instead it further burdens the bank and third parties to reasonably exercise the disclosure. Also, the Tournier case has been reaffirmed in some contemporary legal documents. Therefore, though the duty of confidentiality has been eroded due to the changing society, it is still a significant duty that the bank should obey.


duty of confidentiality, public interest, disclosure, banking business

Cite This Paper

Ziyan Dai. Duty of Confidentiality: Still an Active Duty Imposed on the Banks. Academic Journal of Humanities & Social Sciences (2021) Vol. 4, Issue 5: 78-81. https://doi.org/10.25236/AJHSS.2021.040514.


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[16] European Directive on the Protection of Individuals with regard to the Process of Personal Data and the Free Movement of such Data, Council Directive 95/46.