Non discloser of customer’s details by banks the legal frame work On the Doctrine Of non -disclosure of clients' details as regard to the law of Banking,
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Date
2019-06
Authors
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Journal ISSN
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Publisher
KAmpala International University, School of Law
Abstract
One of the cardinal duties of the banker to the customer is the doctrine of non --disclosure, being
that fiduciary trust bestowed on the banker that he or she will not divulge any details such as
accounts. data. profile and any transactions between him and the customer. it's a contractual
agreement where the banker will not disclose anything concerning the customer without his
consent nor will such information be passed on to the third party without prior consent ti·mn him or her. 1
The doctrine emphasizes the right to privacy which is embedded in our constitutiml, and also
under common law. The banker will be held liable where he chooses deliberately in exclusion of the exceptions enumerated in Tournier's Principles 3to disclose the customer's details.
It's pertinent to note, that a series of law suits are eminent to the banker where such a banker
breaches the above principle. On assessment of liability, adverse consequences result as to
breach of confidentiality and a successful plaintiff may be entitled to compensations, damages
where possible to reinstate him Ji·om that cause of action.
So what is this doctrine of non-disclosure and where did it originate li·om?
Description
A dissertation submitted to the faculty of law in partial fulfillment of the requirement for the Award of Bachelor of Laws Degree of Kampala International University
Keywords
Banks, Customer, Details, Non discloser