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The Constitutional Court of Kazakhstan has addressed a complex issue involving a former spouse's attempt to access bank account information, highlighting the balance between personal privacy and financial rights.

The case originated from a woman who, after her divorce, was unable to obtain details about her ex-husband's bank accounts and financial transactions from second-tier banks. Her requests were denied, citing the principle of banking secrecy.

Banking Secrecy and Civil Rights

The Constitutional Court reviewed the constitutionality of Article 50, Part 4 of the Law "On Banks and Banking Activities." This provision stipulates that information about bank accounts and deposits can only be disclosed to the client themselves or to third parties with their explicit written consent.

The applicant argued that she should have access to this information, but banks refused, classifying the data as confidential under banking secrecy laws.

The Court's Decision

In its ruling, the Constitutional Court emphasized that every individual's right to privacy, the protection of mothers and children, and the confidentiality of personal savings are constitutionally guaranteed. The right to banking deposit secrecy was affirmed as an individual constitutional right, irrespective of marital status.

While acknowledging that spouses have equal property rights, the court stated this does not negate an individual's personal autonomy or the privacy of their personal life. However, the court also noted that existing legislation provides mechanisms to ensure a balance between protecting banking secrecy and enabling spouses to exercise their property rights.

Specifically, courts involved in legal proceedings have the authority to request information that constitutes banking secrecy.

Ultimately, the Constitutional Court concluded that the contested provision of the law aligns with the Constitution, upholding the principle of banking secrecy while acknowledging legal avenues for accessing such information in specific circumstances.

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