Information sought
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The guardian was seeking information about a telephone banking transfer of $2,000 to a third party which the account holder could not recall. The bank would not provide details to the guardian saying that it would breach its obligations under privacy legislation.
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BFSO’s view
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BFSO took the view that the bank could disclose to the guardian information that was provided by the account holder in the course of the operation of his accounts, because the guardian stood in the shoes of the account holder. The information, even if it included the names of third party individuals, was information that was known to the account holder and which he had provided to the bank and therefore he was entitled to the information on the bank’s records.
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The bank’s response
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The bank accepted BFSO’s view and extracted from its records details of third party accounts that the account holder had set up on the bank’s internet system for the purposes of making payments to the third parties. It was also able to extract the details of the $2,000 transfer that was in dispute. The details included the information being sought by the guardian, the name of the third party recipient. The dispute was resolved when the information was provided to the guardian.
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