HSBC-IS THIS LEGAL

[Pete Mitchell]

Clive D.W. Feather wrote  on 16-04-09 15:56:
> Jane Fellner said:
>> I've just done an international money transfer and HSBC stated a
>> disclaimer that: "In order to make this payment personal information
>> relating to any individuals named in this payment maybe processed for
>> the purpose of complying with applicable laws including without
>> limitation anti money laundering and anti terrorism laws and regulations
>> and fighting crime and terrorism this can be disclosed to any government
>> entity, regulatory authority or to any person we reasonably think
>> necessary for the purpose."
>>  
>> Is this legal, what about my data protection?
> 
> Disclosures and processing required by law are permitted by the DPA.
> 
> They can't get away with "reasonably think necessary", however. If they
> make a disclosure that wasn't required by law, they aren't protected by the
> DPA and you have rights to compensation etc.
> 


They can lawfully disclose anything that they choose, even if it is 
clearly unreasonable and unjustified of them to do so. The relevant 
statute is Proceeds of Crime Act s.335; the recent case of Shah v HSBC 
Private Bank (UK) Ltd [2009] EWHC 79 confirms that disclosure to SOCA is 
always lawful. And once the information is disclosed to SOCA they can do 
what they like with it. See
http://www.allenovery.com/AOWEB/Knowledge/Editorial.aspx?contentTypeID=1&contentSubTypeID=7944&itemID=50797&prefLangID=410

-- 
Pete Mitchell