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Duty of Confidentiality (Case Law (Tournier (set 4 exceptions (disclosure…

- - - - disclosure in the banks interest
      - disclosure is authorized by the consumer
      - duty to public to disclose
      - disclosure by compulsion of law
- - - - Taxes Consolidation act 19997 amended 1999
        
        s 906(A)
        
        automatic right to information for an authorized officer
        
        if suspects evasion
        
        no obligation to inform customer
        
        s 907 - application to revenue commissioners - can be gorup
        
        s 908 - can get HC to freeze assets-
    - - Criminal Justice Act 2010 - duty to report suspicious transactions to Gardai or Revenue Commissioner
      - s 47 - disclosure of information by a person in accordance with chapter 4 = not treated as a breach
      - Criminal Justice act 2008
    - - easy to get discovery against banks - doesn't need to attend court to grant discover - election materials covered
      - s 7 1879 act amended by 1959 act and 1989 act
      - Barker v Wilson bankers books also includes banking data
    - - power of minister to apply to the court to inspect the company
    - - inter-partes - generously grants these orders
      - rules of the superior courts 1986
      - third party discovery - court will grant if it is confident evidence exists
    - - licensed bank must keep specific records - required to give information when it is necessary
  - - - bank asked another bank for information on a customer - told to be careful and proceed with extra caution - claim that it was custom and any customer consented by doing business - not obvious that everyone knows about it- breached confidentiality - not known