The Applicability of the Principle of Confidentiality in Relation to the Successors of Bank Account Holders

Abstract

The issue analysed concerns determining how the right of the successors of a bank account holder to access the confidential information contained therein can be reconciled with the bank's duty to maintain banking secrecy even after the account holder's death. Specifically, it aims to provide a uniform interpretation of the provisions establishing the moment from which heirs can be provided with account statements of their predecessors, within the limits of proving justified reasons. We consider that, insofar as the successors of account holders demonstrate a legitimate interest in being provided with information regarding the deceased's account status for the period prior to their death, their request is admissible, justifying an exception to the limits imposed by banking secrecy.