Article 73 of the Banking Law No. 5411 prohibits bank employees from disclosing secrets they have learned due to their duties. Violation constitutes a crime according to Article 159.
What is a Banking Secret?
All information and documents belonging to customers and the bank that have not been disclosed to the public:
- Account balances, movements
- Credit score, repayment performance
- Investment portfolio
- Warranty and assurances
- Transaction history, IBAN information
Legal Exceptions to Disclosure
- Court or prosecutor's office decision
- Requests of authorized public institutions (BRSA, MASAK, tax)
- Written permission of the customer
- Risk centers (KKB, Findeks) information sharing
Penalty (UK art.159)
"For those who do not comply with the obligations in the first and third paragraphs of Article 73 of this Law, imprisonment from 1 to 3 years and a judicial fine from 1,000 days to 2,000 days are imposed. If the statements or statements regarding a dispute between the bank and the customer or any other issue are made against the partnership or third parties who have an interest in obtaining the information, a term of not less than 2 years is imposed. prison..."
Special Cases
- Revealing secret for personal benefit
- Spoofing by a bank employee in agreement with a third party
- Mass data breach
Supreme Court Approach
The Supreme Court emphasizes that it is a crime under Article 159 of the UK Code for a bank employee to provide customer information, even to relatives such as ex-spouse, relatives or friends, and that there is no need to seek any benefit.
The relationship between the crimes of TCK Article 135 (unlawful recording of personal data) and TCK Article 136 (dissemination of data) and intellectual gathering (TCK Article 44) is controversial. The Supreme Court of Appeals has established precedents stating that Article 159 of the UK Code, which includes a more severe penalty, should be applied.
Rights of the Victim
Court in Charge
- Penalty: Criminal Court of First Instance
- Compensation: Civil Court of First Instance
Banking secrecy violations are sensitive files; Process management with a lawyer specialized in financial law is recommended.