AMANAH：在开放式银行中使用消费者个人数据和信息的原则（21页）.pdf

1、Journal of Central Banking Law and Institutions, Vol. 1 No. 1, 2022, pp. 119 - 140e-ISSN: 2809-9885DOI: 10.21098/jcli.v1i1.2THE PRINCIPLE OF AMANAH IN THE UTILISATION OF CONSUMERS PERSONAL DATA AND INFORMATION IN OPEN BANKINGTrisadini Prasastinah UsantiFaculty of Law, Universitas Airlangga, Indonesi

2、atrisandinifh.unair.ac.idSubmitted: 8 November 2021 - Last revised: 8 December 2021 - Accepted: 5 January 2022Banks are generally prohibited in any possible way from providing customers data or information to third parties unless there is a written consent from the customer, or it is required by law

3、s or regulations. Open banking allows banks to obtain customer financial data and information and forward them to third parties to accelerate a digital transformation in banking. The existence of the customers consent resulted in the banks legal action providing customer data and information to a th

4、ird party is not considered as a violation to the principle of confidentiality. However, the provision of customer data by banks to third parties must be based on the fiduciary principle, prudential principle, and principle of amanah, since the misuse of customers data can lead to administrative san

5、ctions, criminal sanctions, and civil liability. Keyword: Amanah, Data, Consumer, Open BankingAbstractI. INTRODUCTION Banking is one of the financial services businesses that plays a strategic role in supporting the implementation of national development in the context of increasing equity, economic

6、 growth, and national stability for the welfare of the people, as mandated by the Law No. 7 of 1992 on Banking as amended by Law No. 10 of 1998 (hereinafter referred to as the Banking Law). On the other hand, banks should also be encouraged to conduct an end-to-end digital transformation to be able