The Office of the Commissioner of the Verkhovna Rada of Ukraine for Human Rights commented on the situation regarding the publication of a Monobank client’s photo without her consent, which has caused significant public outcry.
This is reported by Kyiv24
Violation of Banking Secrecy and Responsibility
The office’s statement emphasizes the existing legislation that protects banking secrecy, particularly the provisions of the Civil Code, the Law of Ukraine “On Banks and Banking Activities,” and the rules for the protection and disclosure of banking secrecy approved by the National Bank. According to these regulations, banks are obliged to ensure the preservation and protection of client information, and violations of these requirements entail liability under the law.
“It should be noted that the client’s photo obtained during the bank’s auto-identification procedure and the information about the blocking of the person’s account constitute banking secrecy and are personal data of the client. The publication of such a photo and information about the account blocking without the client’s consent is unlawful,” the letter signed by the director of the Department of Information Policy, Communication, and Protocol Events of the Ombudsman’s Secretariat states.
According to the legislation, the illegal dissemination of confidential information may lead to criminal liability under the Criminal Code for violating the inviolability of private life.
Presumption of Innocence and the Use of the Term “Collaborator”
The Ombudsman’s Secretariat also addressed the issue of the legality of using the term “collaborator” in relation to a person without a court verdict. The institution emphasized that collaborative activity is a criminal offense, and the presumption of innocence enshrined in the Constitution of Ukraine guarantees that a person is considered innocent until proven guilty by a court in a lawful manner. The dissemination of such terms in the public domain without a court decision may raise legitimate concerns about adherence to the principle of the presumption of innocence and affect the honor, dignity, and business reputation of an individual.
It is noted that the question of a person’s guilt should be resolved by pre-trial investigation bodies and the court, and the dissemination of assessments or accusations by third parties may undermine the balance between freedom of speech and respect for the individual.
The Commissioner’s Office additionally reported that in the event of a violation of privacy, the affected individual has the right to file a complaint with the police, file a civil lawsuit for the protection of honor, dignity, and business reputation, and also seek compensation for moral damages. Furthermore, one can file a complaint with the National Bank regarding violations of banking secrecy and inform the Commissioner of the Verkhovna Rada for Human Rights about such cases.
Recall that on March 9, Monobank co-founder Oleg Gorokhovsky published a photo of a client taken during video identification, in which a flag resembling the Russian flag was in the background. The businessman ironically commented on the reason for the account blocking. The client herself, Karina Kolb, explained on social media that she contacted the bank due to the blocking of her account, and the flag in the photo was that of Slovenia, not Russia, emphasizing that she is a refugee from Ukraine and her family is involved in defending the country.
Later, Oleg Gorokhovsky apologized to everyone who might have been affected by this situation and assured that Monobank user data is securely protected and such information will only be transmitted to law enforcement agencies in the future.
Lawyers representing Karina Kolb’s interests announced the preparation of pre-trial demands against the bank and its co-founder. The National Bank of Ukraine stated that it had requested explanations from Monobank regarding the circumstances of the dissemination of information that may contain banking secrecy and is conducting an analysis of the situation. The Commissioner of the Verkhovna Rada for Human Rights, Dmytro Lubinets, has initiated his own investigation into the possible violation of legislation.