The Register® — Biting the hand that feeds IT

Comments on: SWIFT to stop processing EU banking data in the US

Immunity? 

Posted Monday 15th October 2007 10:57 GMT

Alert

Does this mean that by moving to Switzerland, they can make themselves immune to Europe's data protection laws?

SWIFT was based in Belgium when it handed data over, not USA 

Posted Monday 15th October 2007 11:16 GMT

Boffin

SWIFT was based in Belgium when it caved to US demands, the data was *not* processed in the USA then. So what does this actually change? SWIFT can be leaned on, as long as it is multi-national.

European banks now all have the get out clauses in their terms of service. Nothing stops say, China leaning on Citibank, and Citibank handing over it's UK customer data under section 43 of it's general terms. Who would know? They're not obliged to get permission, or inform anyone, there's no UK law that would stop them.

"43.4 You consent to have your Data transferred to other countries (including countries which do not offer adequate personal data protection) and you agree that if Your data is required by another country's laws or regulatory rules to be disclosed to that country's regulators, authorities, or law enforcement agencies, that it can be so disclosed."

We need a specific law to enforce financial privacy, with specific requirements on warrants, judges, courts, you know the old fashioned things, due process and the like.

Without the stick against the banks that run SWIFT, there's not likely to be any improvement in this.

Don’t Miss

Dollar101 uses for a former merchant banker

Comment Innovators who work out the best one will make a killing

The Year in Operating Systems: No battle of big ideas

Small change for 2009

Photography: Yes, you have rights

Comment Unless the police say you haven't

Enormous HP box spotted from space

Exclusive pics of Peterborough packaging pandemonium