Banka sırrı kavramı yönünden banlarda sır saklama yükümlülüğü
Özet
Banks are the leading actors of economic life; hence the obligation of protecting the secrets related to their own internal procedures, structural and institutional features is of great importance to them. Banks prefer to keep some of their information and documents protected in order to maintain their rivalry force and integrity in the market and in the public opinion. Anyone who might get hold of these secrets due to either his/her position at the bank or other possible relations with the bank is obliged to keep them protected. People who learn these secrets either because of their positions at the banks or from their relations with the banks are liable to keep them hidden. The extent of this liability, the conditions where one doesn?t count liable, the sanctions and procedures when one doesn?t honor this obligation are laid out mainly by the banking law and Securities Exchange Act and also by other related laws and regulations. Acting against these obligations will result in legal and criminal charges.Even though the laws and regulations are very clear about the conditions where one doesn?t count reliable from not protecting the information and documents that can be counted as a bank secret, it is really hard to speak of a bank secret concept in the banks that are operating under the securities legislation. The public banks need to inform the public regularly about their economical and administrative activities in order to fulfill the public disclosure principle. With the principles like public disclosure and institutional management serving for a more transparent market, the extent of the obligation of keeping bank secrets hidden has been diminished.As a summary, keeping the boundaries of this obligation too wide and being too discreet about bank?s activities will not only harm the shareholders, investors and other actor?s rights ?to be informed? but it will also effect the balance in the economical market and will make the investors feel more insecure due to the higher risked environment it created. For this reason, maintaining the balance between this obligation and the obligation of public disclosure, which banks with institutional management principles have, is the most essential asset in creating a healthy and well organized economical life.