Data PrivacyEnsuring Data Privacy in Online Banking and Digital Financial Services

June 14, 20230

INTRODUCTION

In the recent years, the banking industry has experienced an increase in the number of consumers relying on digital banking technologies. Consumers can manage their financial lives more easily and conveniently due to digital banking, which allows them to do everything from pay bills to send money to shop online.

According to the most recent World Retail Banking Report, 57% of consumers prefer digital (online) banking to traditional branch banking. In addition, 55% of people now prefer using mobile banking apps to manage their accounts, which is 47% more than pre-pandemic times. As a result, the main concern is how the personal information is safeguarded since the financial services industry is one of the primary sources of data breaches.

It is necessary to keep such information secure and hidden. Information breaches are a concern in all businesses, but the financial administration industry is particularly vulnerable due to the sensitive information it holds. Given the increasing risk of data breaches, fraud, and related extortion in enterprises, organisations are focusing more on updating their information security programmes.

IMPORTANCE OF DATA PRIVACY IN THE FINANCIAL INDUSTRY

In the financial sector, data privacy is very important, especially when it comes to online banking and digital financial services. Data privacy is critical for the following reasons:

1. Customer Information Security: Personal identification details, financial transactions, and account information are just a few of the sensitive customer data that is handled by financial institutions. Maintaining customer trust and ensuring that their privacy rights are respected necessitate safeguarding this information.

2. Fraud and Identity Theft Prevention: Individual and monetary information can be misused by cybercriminals for false purposes, like data fraud, unapproved admission to accounts, or fake exchanges. To reduce these risks and safeguard customers from financial harm, robust data privacy measures are necessary.

3. Compliance with Requirements Set by Law and Regulation: Data privacy and security are mandated by a variety of legal and regulatory frameworks that apply to the financial sector. Not only are these requirements required by law, but they also show that financial institutions are committed to protecting customer data’s privacy and security.

RISKS ASSOCIATED WITH DATA BREACHES AND UNAUTHORIZED ACCESS

The financial sector is at risk from data breaches and unauthorized access because of the digital nature of online banking and digital financial services. Some major dangers include:

i. Data Losses: An information breach happens when unapproved people get close enough to sensitive client data, either through hacking, phishing, or other means. Financial losses, harm to a company’s image, and a loss of customers’ trust are all possible outcomes of breaches.

ii. Theft of Identity: Identity theft can be committed using personal information obtained through data breaches. Victims can suffer significant financial losses as a result of cybercriminals pretending to be them, opening bogus accounts, or making unauthorized transactions.

iii. Transactions that are Illegal: Feeble information security measures can work with unapproved exchanges, including unapproved store moves, charge card misrepresentation, or deceitful advance applications. Customers are harmed as a result of these actions, and the financial system’s integrity is also compromised.

LEGAL PROVISIONS FOR DATA PRIVACY IN ONLINE BANKING AROUND THE WORD AND INDIA

Around the world, a few legitimate arrangements have been put in place to protect people’s information. Here are some notable examples:

a. The General Data Protection Regulation (GDPR): Guidelines for the collection, processing, and storage of personal data have been established by the GDPR, which was enacted in the European Union (EU). It emphasizes obtaining explicit consent from individuals, giving users control over their data, and ensuring transparency in data handling procedures.

b. California Consumer Privacy Act (CCPA): The CCPA gives the occupants of California more command over their own data. Companies are required to disclose their data collection practices, provide individuals with access to and deletion of their data, and provide opt-out options.

c. Personal Data Protection Act (PDPA): A data protection framework that regulates how organizations collect, use, and disclose personal data was established by Singapore’s PDPA.

India has established various lawful arrangements to shield the individual data of its residents. In terms of online banking data privacy, the following are some of India’s most significant legal frameworks and regulations:

I. The Information Technology (IT) Act of 2000:

The IT Act is primarily responsible for regulating electronic transactions and data protection in India. It gives a legitimate design for data protection and security, incorporating game plans associated with unapproved access, hacking, and data breaches. Section 43A of the IT Act mandates that businesses to implement reasonable security measures to protect individuals’ personal information and compensate them for any negligent loss or damage.

II. Reserve Bank of India’s (RBI) Safe Digital Banking Guidelines:

The RBI, India’s central bank, has established guidelines to protect the privacy and security of online banking data. These guidelines require financial institutions to implement robust security measures like encryption and two-factor authentication in order to protect customers’ personal and financial information.

In addition, in order to identify security flaws and ensure compliance with data protection regulations, the RBI requires banks to conduct routine audits and assessments of their information technology systems.

As a result of these legal frameworks and guidelines, individuals’ information security rights are protected, and organizations are held accountable for appropriately handling individual data. To safeguard people’s private and financial data, the legal system must adapt and solve emerging difficulties as information security concerns through technological advancement.

DATA PRIVACY MEASURES IN ONLINE BANKING AND DIGITAL FINANCIAL SERVICES

Online banking and advanced financial services, where sensitive client data is handled and stored, place a premium on information security. To defend client information from unapproved access, abuse, and information breaks, it is fundamental to carry out hearty information protection measures.

1. Safe Data Collection and Storage Techniques:

To ensure the classification and trustworthiness of client data, financial organisations should lay out secure information assortment exercises. This necessitates having strict data collection policies, like only collecting the information that is necessary and obtaining informed consent from customers.

Use of encrypted communication channels and secure online forms to reduce the risk of data being intercepted during collection is a primary way of safeguarding confidential information. Access controls and permissions based on roles should only allow access to authorized personnel. Information capacity frameworks ought to be observed and evaluated consistently to catch and stop endeavours at unapproved access.

2. Encryption and Data Transfer Protocols:

 In web-based banking and computerised financial services, encryption plays a crucial role in protecting customer information. The Secure Socket Layer (SSL) or Transport Layer Security (TLS) protocols, which create a secure connection between the user’s device and the financial institution’s servers, should be used to encrypt data during transmission.

This ensures that the sensitive data stays private and is protected from unapproved access. In addition, stored data ought to be protected with effective encryption methods. Encrypting databases, files, backups, and any other sensitive data is necessary in the event of a security breach or theft.

3. Authentication with Multiple Factors and Access Controls:

The financial services industry is increasing its investment in identity management and control systems in order to limit access to vital information and track who has access to what information. Identity and access management tools, which traditionally served as gatekeepers, have evolved with technology, and are now used to perform advanced functions such as: defining access levels; tracking events to determine when a specific breach occurred; locating where the breach occurred; and determining the time of the breach occurrence.

4. Concentrate on reducing costs and simplifying data protection:

The complexity of data protection has increased for all organisations as a result of the introduction of new computing models, a flood of backup software, and a plethora of network options. Security officers are expected to look for storage pooling to meet various data security criteria, such as data classification and policy administration.

5. Smartphones being used to provide cyber security:

Several leading banks currently send texts to customers’ mobile phones to notify them of major transactions or odd account activity. Banks are now looking to convert their clients’ smartphones into security tokens to provide an extra degree of protection, particularly for online transactions.

Banks simply need to install software that allows these devices to generate new passwords on a regular basis, saving the cost of providing consumers with a separate security key.

By regularly conducting security audits, financial institutions can proactively identify and address vulnerabilities thereby safeguarding customer data. It is easier to stay aware of new threats and take the right precautions when vulnerabilities are assessed.

AMLEGALS REMARKS

The ability of financial service providers to record, store, combine, and analyse a wide range of client data, such as their financial condition, habits, or physical location, has led an adaptation of data privacy and financial consumer protection frameworks in today’s economies.

Although this is necessary, public policies should also emphasise increasing consumer awareness of the consequences of the use of their personal data, as well as promote behaviours that can safeguard their personal data while assisting them in taking an active role towards data sharing that is consistent with their own preferences. A consumer-centric approach also responds to a shifting legislative environment in which individuals are given additional rights over their personal data.

 While acknowledging the advantages, it is essential to address the system’s difficulties and potential vulnerabilities. It will take time and effort to find a balance between usability and security that works for all parties involved. The financial industry can safeguard customers’ trust and confidence in the digital financial landscape by remaining proactive and embracing emerging technologies.

– Team AMLEGALS assisted by Ms. Manyata Dave (Intern)


For any query or feedback, please feel free to get in touch with mridusha.guha@amlegals.com or falak.sawlani@amlegals.com

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