The violation of bank secrecy in light of the protection of privacy

Abstract

The article examines the violation of banking secrecy in light of the constitutional protection of private life, defining the powers of the Public Prosecution Service and the limits on obtaining evidence in criminal proceedings. It argues that banking secrecy constitutes a relative fundamental right, whose restriction requires a judicial order and observance of due process of law. The right to lawful evidence is not absolute and must be subject to the criteria of necessity, appropriateness, reasonableness, and connection with the accusation. It concludes that the Public Prosecution Service has no enforceable right to breach banking secrecy, but to judicial consideration of its request.