Your bank account: the shortcut to your private life - Privacy First (2024)

What is the Banking Data Referral Portal (VB)?

The Banking Data Referral Portal (VB) is a digital counter for fully automatic provision of certain banking data to authorised government agencies. The banks are obliged to provide this data. Currently, 10 government bodies are affiliated to the VB. Since September 2020, they can retrieve name/address/residence of account holders via the portal and check whether surcharges are paid on the account. They can also check what other products the account holder purchases from the bank, such as a safe deposit box. The bodies with access are in part investigative bodies such as the Police, FIOD, Public Prosecution Service, the Royal Military Police and the National Criminal Investigation Department, but the Tax and Customs Administration can also access the portal.

Parties that still want to join the VB are the Central Judicial Collection Agency (CJIB) and bailiffs. They too find it convenient to be able to access these data directly "to better perform their tasks".

Expansion plans

The minister made it clear in 2021 that she intends to expand the VB so that member agencies will now also have fully automated access to all balance and payment details of account holders.[1] The minister also wants these bodies to be able to access the e-mail address, mobile phone number and International Mobile Equipment Identity number (IMEI number) of the mobile phone the account holder uses to conduct his banking business.

This will greatly expand the VB: a selection of government agencies will have full automatic access to the payment details and mobile numbers of millions of account holders. A bill has already been assessed by the Council of State but has not yet been submitted to the House of Representatives. The minister recently made it clear that she will not proceed with this until it is clear that the VB is being "correctly used" by all connected bodies. That is not clear at the moment.

Why does the VB exist?

The existence of the VB is partly driven by European rules on the detection of crime ('money laundering') and terrorist financing, but this is not the whole story. The planned, substantial expansion is a national desire. Furthermore, the Dutch legislator chose to use the banking portal also for administrative control purposes, while European rules actually preclude this.[2] For example, the Inland Revenue's benefits department has access to your bank details for assessing entitlement or determining benefits. The regular department of the Inland Revenue has access to your bank details "for tax collection". The CJIB wants access to your bank details because it is "convenient" for the collection of fines.

Is access to the VB controlled?

According to the law, for the first five years after the start of the VB, the use of the portal would have to be audited every year by the Audit Department of the State. After that, monitoring was supposed to take place every two years. The law has not been complied with in this regard. Over three years after the VB came into force, there have been three one-off audits by the Police, FIOD and JustID, the body that works as a conduit between banks and member agencies."[3] So there is no visibility at all on correct use by other agencies, including, for example, the tax authorities or the public prosecutor's office.

Figures published by the minister show that the Police and the Inland Revenue are the major users of the portal. The Police accessed the system about 40,000 times in 2022; some 50,000 police officers have access. The Tax Authority made about 700,000 uses of the system.[4]

Privacy First position

Privacy First was pleased to learn that the minister is at least pausing with further expansion of the VB. Privacy First believes at the same time that fundamental(r) questions need to be asked with this portal.

Privacy First believes that the portal's vague objectives (from detection to taxation) do not legitimise the government's fully automatic access to all citizens' banking data. It is essential that the government demonstrably respects citizens' fundamental rights when using the portal and does not unnecessarily delve into private data. It is inappropriate to use bank accounts as a central element in the monitoring and investigative tasks of a host of agencies with different, not always clearly defined tasks, even without proper monitoring of duty-of-care compliance.

Citizens cannot do without bank accounts and must be able to trust that the government respects fundamental rights.

[1] Overheid.nl | Consultation Amendment decree on banking data referral portal (internetconsultation.nl)

[2] Directive (EU) 2019/1153 - Rules to facilitate the use of financial and other information for the prevention, detection, investigation or prosecution of certain criminal offences, recital 11

[3] Parliamentary paper 35238, no. 8 | Overheid.nl > Official notices (officielebekendmakingen.nl)

[4] Annual statutory reporting VB 2022 via: Annual report VB 2022 (officialreports.co.uk)

Your bank account: the shortcut to your private life - Privacy First (2024)

FAQs

What is the bank's right to privacy? ›

California law lets you tell your bank and other financial companies that you do not want them to share your personal financial information in some cases. You can say no to, or opt out of, having your information shared with outside companies that offer financial products or services.

What does the bank do with your private information? ›

Financial institutions collect and use many types of personal information to conduct everyday business activities and to market products and services. This information can then be used to create bank statements, monitor for fraud and determine credit eligibility.

What is privacy bank account? ›

Banking secrecy, alternatively known as financial privacy, banking discretion, or bank safety, is a conditional agreement between a bank and its clients that all foregoing activities remain secure, confidential, and private.

Are my bank accounts private? ›

Your bank account is among your most private information. As such, it should be shared only with the people with whom you would share other equally private information.

Can the government see what's in your bank account? ›

The federal government has no business monitoring small cash deposits and how Americans pay their bills and has no right to snoop around in private checking accounts without a warrant.

What is the privacy rule for banks? ›

A financial institution must provide a notice of its privacy policies and practices with respect to both affiliated and nonaffiliated third parties, and allow the consumer to opt out of the disclosure of the consumer's nonpublic personal information to a nonaffiliated third party if the disclosure is outside of the ...

Can private investigators see your bank account? ›

Finding Assets

Private investigators can find bank accounts California by accessing databases. They may also look through public records such as property filings, tax returns, and other papers.

Who can see my bank account information? ›

Typically, the only parties that can check your bank statements or your account information are the account owner(s), authorized account managers and bank professionals. Banks take great care to maintain the privacy and security of their customers' personal information.

Is my bank selling my information? ›

For example, your bank can send personal information to outside firms that help market or deliver your bank's products that you may not already use. The information protects against fraud or unauthorized transactions, or responds to a court order.

Who can access your bank account legally? ›

Only the account holder has the right to access their bank account. If you have a joint bank account, you both own the account and have access to the funds. But in the case of a personal bank account, your spouse has no legal right to access it.

Is your bank account confidential? ›

The Right to Financial Privacy Act of 1978 protects the confidentiality of personal financial records by creating a statutory Fourth Amendment protection for bank records.

Can my bank give out my information? ›

This law prohibits a financial institution from disclosing a consumer's nonpublic personal information like your Social Security number, income, and outstanding debt to companies that are not related to the financial institution.

How do I know if someone is looking at my bank account? ›

Look out for these warning signs that your identity has been stolen, including: Strange or unrecognized transactions on your bank account statements or credit report. New credit cards or loans in your name. Calls, emails, or letters from creditors, lenders, and banks you don't recognize.

What is the safest bank to put your money in? ›

JPMorgan Chase, the financial institution that owns Chase Bank, topped our experts' list because it's designated as the world's most systemically important bank on the 2023 G-SIB list. This designation means it has the highest loss absorbency requirements of any bank, providing more protection against financial crisis.

What is the FDIC privacy rule? ›

The Right—Consumers must be given the right to “opt out” of, or prevent, a financial institution from disclosing nonpublic personal information about them to a nonaffiliated third party unless an exception to that right applies.

What is the Bank Secrecy Act privacy? ›

The Bank Secrecy Act protects the privacy of individuals by making a wrongful disclosure or unauthorized use of a suspicious activity report subject to a criminal penalty of up to five years imprisonment.

Do banks have a duty of confidentiality? ›

The Right to Financial Privacy Act of 1978 protects the confidentiality of personal financial records by creating a statutory Fourth Amendment protection for bank records. The Act was essentially a reaction to the U.S. Supreme Court's 1976 ruling in United States v.

What is the right to privacy under federal law? ›

1992) (noting that “Privacy Act generally prohibits the federal government from disclosing personal information about an individual without the individual's consent”). A “disclosure” can be by any means of communication – written, oral, electronic, or mechanical. See OMB 1975 Guidelines, 40 Fed.

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