Bankers will oblige notaries to be silent

Bankers will oblige notaries to be silent

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Leak of data on recipients of loans creates a risk of stolen vehicles

Photo: RIA NOVOSTI/Georgiy Zimarev

In the opinion of the banking community, the public notaries act bears the risk of a large-scale leak of personal data of the borrowers who apply for a loan to purchase a car. Criminals often draw on compromised customers credit banks or use the information to steal cars. The national Council of financial market (NSFR) has prepared proposals on amending legislation and forwarded them to the Deputy Finance Minister Alexey Moiseev. According to bankers, the new order will help to protect avtozaemschikov and tighten the liability of notaries.

The current law on notaries, as modified by amendments dated July 3, 2016, allows notaries to obtain any information about avtozaemschikov, simply by driving the movable property register his name. In this situation, avtozaemschikov become an easy target for fraudsters, says the letter NSFR. To reduce risks, the organization offers to introduce a differentiated system of providing data on borrowers to complete information about the loan to the notary will need to enter the name of the client Bank, but also passport data and registration address of the citizen.

So, for information about the availability of the record of the mortgage in the registry will you have to provide the full name of the citizen or the name of the company. To learn more about the encumbrance of the collateral will require the same information, and registration number of the notice and the form of movable property. Information on transactions with collateral car will be available after providing full name, passport details, social security number, the registration number of the notice and specify the form of movable property.

In a letter sent to the Ministry of Finance, the bankers explained that on the Russian market today there are companies that for a fee supplies data about specific individuals and companies from the register information about a pledge of property. In the letter NSFR stated that the outbreak of one of these services (1 July 2014) coincided with the start date of the pledge registry of machinery. The document also explains that such systems allow to obtain information not only on the pledge of particular individuals, but also the complete customer base of the Bank dealing with loans. In this case no other legal way to obtain relevant information, it is impossible, bankers say.

The current law on notaries sets out the right of a notary to give a brief extract from the register of notifications on pledge of cars at the request of a third party. Such a statement totally free can get and remote locations, and in the case that a statement backed by electronic signature.

According to the lawyer of the law office A2 Xenia Reef, it carries huge risks for Bank customers, which data can get to the fraudsters.

— In the presence of passport data and description of the collateral, i.e. the vehicle, the attackers are fairly easy to find a car with the purpose of theft, — said Xenia Reef. — This is only one of the options for illegal use of personal data of Russians. Given the fact that the extract from the register of collateral car, among other things, contains a series and number of passport or other identity document, this information can be used, for example, for loans on other people’s data.

According to the lawyer, the banks themselves while the risks are almost — the collateral property insured and its loss is a significant problem for the Bank.

— Perhaps, the only risk for credit institutions is poaching clients of competitors, but to obtain data on clients competitors much easier through the credit Bureau, — said Xenia Reef.

Director of Department for work with overdue debts of the Bank Sergey Golets agree that we need to improve the system of formation and use of the registry, including from the point of view of data security.

— Measure to minimize the risk of data leakage, may also lead to the development of function in the registry auto loans, reflecting when, by whom and for what purposes, information from search engines were used, — the lawyer of “Yukov and partners” Catherine Sopko.

Lawyers believe that the current legislation on notaries provides access to information contained in the uniform information system of personal data of citizens and companies virtually unlimited circle of persons. to ensure protection from leaks of such information — including, in the wrong hands is almost impossible, and without changing current legislation to reduce these risks is impossible.

The Ministry of Finance are unable to answer the query of “Izvestia”.