the Association of banks of Russia has prepared a bill designed to prevent the theft of funds from customers ‘ accounts. First, ADB proposes to freeze at 25 days received a potential Scam money transfers. Secondly, permit to transfer personal data to the scammers and their victims, so they can treat them in the court. According to respondents, “MK” experts, externally it looks as good, but if you look at the details, almost impossible. Once there is a whole heap of fundamental issues of technical and legal properties that have no clear answer.
According to the Central Bank, banks return to the victims, only one-seventh the ruble lost 15% from the amount stolen. In June the head of Bank of Russia Elvira Nabiullina said that 70% of fraudulent transactions carried out by the method of social engineering. That is, people are to blame: in a telephone conversation with an unidentified “employee of security service of Bank” he had blurted out, gave the card details, a pin or something. By law, if the client has compromised your details, the credit institution is not obliged to help him out, to take certain steps to refund. A sound mind and solid memory is only an aggravating circumstance.
Current legislation in the field of anti-fraud passé in recent years, financial transactions accelerated sharply, said the ADB. Accordingly, the Association proposes to legalize the ability of banks to block 25 days the funds recipient in case of receipt of a notice contesting such transfer. ADB also stands for the transfer of personal data to the payer of the recipient, in particular, the name and address of the residence. Without that filing a claim in court is impossible, according to the text of the bill.
meanwhile, the personal data, which theoretically will be transferred to the victim of the swindler, are banking secrecy. In fact, the ADB proposes to enshrine in law a provision allowing under certain circumstances to reveal the secret. In General, the transfer of details of one person to another without the consent of the first – no laughing matter. And the very possibility of this is seen as a “Pandora’s box”, as a fertile field for manipulation and abuse.
If the person declares themselves as victims – is that enough for the start of the investigation? This question is the President of “National Association of professional collection agencies (NAPCA)” Elman Mehdiyev. According to him, it is necessary to clearly define the mechanism of evidence from “victims of scams”. If we go the way of the extrajudicial disclosure of Bank secrecy on the basis of the claim, where is the guarantee that there will be��complete a fatal mistake? By the way, reminds Mehdiyev, to counteract financial fraud “on duty and at the expense of our taxes,” owe no banks, and law enforcement. However, banks nothing else remains, as themselves to do it. We know where the road leads, is paved with good intentions.
the Desire to protect people from fraud is understandable, but the initiative to implement will be difficult, says the partner, the Executive Director of the legal Bureau “Padva and Epstein” Anton Babenko. According to him, will need to amend a number of laws on the national payment system, on banks and banking activities and certain rules and regulations. In particular, will require adjustments to the provisions on banking secrecy. In addition, it is not clear whether this initiative actually to return money. Because the attackers almost always use the account and card issued in someone else’s name and funds immediately after depositing cashed or transferred into other accounts.
no One will give you an absolute guarantee that the recipient of your money is dishonest. It is an absolute utopia, said the chief economist of the Institute of stock market and management Mikhail Belyaev. And where criteria, the expert is perplexed by which you will determine who you are dealing with – a crook or a good man? But if he is a fraud, where to get his personal information if he is able to perfectly mimic and hide? And another question: what if you need to carry out urgent transfer, and the transaction has blocked for 25 days? The answer to these questions is the banking bill, unfortunately, does not, says the interlocutor of “MK”.
