A woman lost 36,860 hryvnias from her bank card after a call from Oschadbank. Here's the court's ruling on the matter.

A woman received a call from someone claiming to be an employee of Oschadbank, performed certain actions, and then discovered a loss of 36,860 hryvnias from her card. She demands that the financial institution provide information about the person to whose account the funds were transferred. This is stated in the decision of the Pechersk District Court of Kyiv, published on August 27, 2024.

On February 15, 2024, at approximately 5:30 PM, the woman received a call on her mobile phone from an unidentified person who introduced themselves as an employee of Oschadbank and informed her that her bank card was blocked. To unblock it, the unidentified individual requested that she provide her recovery code, which she did. Subsequently, funds amounting to 36,860 hryvnias disappeared. The citizen reported the incident to the police, claiming fraudulent actions totaling 36,860 hryvnias. Information about the committed criminal offense was entered into the Unified Register of Pre-Trial Investigations on February 16, 2024, and a criminal case was initiated under part 4 of Article 190 of the Criminal Code of Ukraine. To protect her rights and interests in recovering the unjustly acquired funds (through the legal mechanism specified in Article 1212 of the Civil Code of Ukraine), the applicant requires comprehensive information about the individual to whose account the funds were transferred.

What did the court decide? 

The court denied the woman’s request for satisfaction of her claim. There are no legal grounds for disclosing banking secrecy.

"The application states that on February 15, 2024, at approximately 5:30 PM, an unidentified person fraudulently obtained funds amounting to 36,860 hryvnias from the applicant's bank account using electronic computing technology. To support these claims, the applicant has attached to the case materials: a copy of the Extract from the Unified Register of Pre-Trial Investigations; a copy of the protocol for accepting the statement regarding the criminal offense and other events; a copy of the passport and taxpayer registration card. According to the first part of Article 1076 of the Civil Code of Ukraine, the bank guarantees the confidentiality of bank accounts, account operations, and client information; information about operations and accounts may only be provided to the clients themselves or their representatives. Other persons, including government authorities and their officials, may only be given such information in cases and procedures established by the law on banks and banking activities. Article 62 of the Law of Ukraine "On Banks and Banking Activities" stipulates that information about legal and natural persons that contains banking secrecy may be disclosed by banks upon written request or with written permission from the corresponding legal or natural person, or by court decision. The case materials do not include proper and admissible evidence of the transaction amounting to 36,860.81 UAH. If the citizen believes that illegal actions have been committed against her, she should file a corresponding statement with the law enforcement agencies that have jurisdiction over this matter. Based on the above, the court concludes that there are no legal grounds for disclosing banking secrecy," the court emphasized.