Connect with us

Hi, what are you looking for?


Information sharing for fraud probes allowed by privacy law

FINANCIAL INSTITUTIONS can share their clients’ information to help fraud investigations. — RUPIXEN.COM/UNSPLASH

INFORMATION SHARING by financial institutions for fraud investigations does not violate the country’s privacy law, the Bangko Sentral ng Pilipinas (BSP) said.

Memorandum No. M-2021-059 signed by BSP Deputy Governor Chuchi G. Fonacier told financial institutions to cooperate and share relevant information to third parties in aid of fraud investigation. The directive covers financial institutions, payment gateway providers, third-party service providers and law enforcement agencies.

Based on the memorandum, information that can be shared among stakeholders in a fraud investigation include clients’ name, home or delivery address, e-mail address, mobile number and other contact details, bank and financial account information, and transaction details.

Ms. Fonacier said they sought clarification and advice from the National Privacy Commission (NPC) on whether these details can be freely shared without the consent of the subject.

Based on Advisory Opinion No. 2021-026 of the NPC’s Privacy Policy Office, these information fall under exceptions to the prohibition of sharing privileged data under Republic Act 10173 or the Data Privacy Act of 2012.

In particular, the NPC said Section 13 (f) of the law applies to fraud investigations as they are “necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or in the establishment, exercise of defense of legal claims, or when provided to government or public authority.”

“The same does not require an existing court proceeding, and thus, such processing will not necessarily require a court order,” the NPC said.

The agency said such investigations shall be strictly for the purpose of resolving previously committed frauds and preventing possible incidents from happening.

It added that only personal information relevant to the investigation can be processed.

As digital payments have increased during the pandemic, cybercriminals have had more chances to attack and exploit financial institutions, the central bank said.

BSP Governor Benjamin E. Diokno previously said they received about 20,000 complaints from financial consumers in 2020, most of which were related to fraud and unauthorized transactions.

“The BSP’s ongoing cyberthreat surveillance shows that the impact of cyberattacks and fraudulent schemes increasingly extend over two or more financial institutions simultaneously,” the memorandum said.

Mr. Diokno has said a major cyberattack could affect the stability of the financial system and vowed regulators will remain vigilant of emerging cyberthreat trends.

Fintech Chairman Angelito M. Villanueva welcomed the new directive as it stressed the legal grounds of information sharing for fraud investigation among concerned financial institutions.

“It is only of utmost importance for regulators and industry leaders to continue collaborating to secure and protect consumer against digital fraud,” Mr. Villanueva said in a Viber message. — L.W.T. Noble

Your information is secure and your privacy is protected. By opting in you agree to receive emails from us. Remember that you can opt-out any time, we hate spam too!



THE peso sank to the P55-a-dollar level on Wednesday — its weakest in more than 16 years — amid fears of a recession in...


(MAY 13, 2020) Houses are dwarfed by towering buildings of the Makati City skyline on a quiet Wednesday midnight as they government through the...


THE Philippine Ports Authority (PPA) has awarded more port projects, including the construction of a cruise ship port in Coron, Palawan province southwest of...


MORE Filipinos opened their own bank accounts at the end of last year, as many of them were forced to pay for services online...


Sebastian Ganso / Pixabay A unit of Manila Electric Co. (Meralco) has partnered with a Korean company for a research and development project in...


Koala Cruz / BW file photo Boulevard Holdings, Inc. (BHI) is tearing down the rooms in Fridays Boracay and renovating the resort to upgrade...

You May Also Like


BW FILE PHOTO GROSS BORROWINGS by the National Government reached P2.6 trillion as of end-September as it continued to raise funds to respond to...


REUTERS By Luz Wendy T. Noble, Reporter The country’s foreign exchange buffers slightly increased as of end-October as the value of the central bank’s...


COVID-19 has had a significant impact on the mental health of Filipinos across different groups all over the archipelago. From frontline workers, parents balancing...

Financial Advisors

The healthcare ecosystem is one that has thrived on the cusp of scientific progress, benefitting enormously from the winds of change in the technological...

Disclaimer: Respect, its managers, its employees, and assigns (collectively "The Company") do not make any guarantee or warranty about what is advertised above. Information provided by this website is for research purposes only and should not be considered as personalized financial advice. The Company is not affiliated with, nor does it receive compensation from, any specific security. The Company is not registered or licensed by any governing body in any jurisdiction to give investing advice or provide investment recommendation. Any investments recommended here should be taken into consideration only after consulting with your investment advisor and after reviewing the prospectus or financial statements of the company.

Copyright © 2022 Respect Investment. All Rights Reserved.