Editionsplikt och banksekretess – En studie i förhållandet mellan personlig integritet och informationsanskaffning

Sammanfattning: The purpose of this essay is to examine and critically review the relation be-tween the individual’s interest of not having its personal circum-stances between him and a credit institution disclosed without authorization and the scope of the duty of disclosure. The two conflicting interests raises questions regarding the limits of the duty to produce documents and to what extent individual banking relationships are being held confidential. The essay highlights what interests the regulation is based upon, the scope of the duty of disclosure and banking secrecy in Swedish law respectively and what is being considered in a balancing of interests amid the two legal institutions. Banking secrecy in the banking and financing business act is based upon the idea of protecting individual customers from violations of integrity. The indi-vidual’s right to self-determination and preventing others from accessing and exploiting banking information is of central importance regarding banking secrecy, however, a robust banking secrecy regulation also favors the public and the banks themselves. Nevertheless, the confidential information may be disclosed if it is for the benefit of a legally recognized interest. Therefore, there is no formal impediment for disclosing a bank customers’ relation to a bank in a civil litigation. The duty of disclosure essentially functions as an instrument to create a pro-cedural equilibrium between the disputing parties when acquiring evidence in a civil litigation. Furthermore, the essay describes the necessary prerequisites for a granting a successful motion to disclose documents. The balancing of personal integrity and being able to acquire information has gained some at-tention in adjudication and doctrine but is yet to see any major changes in the general application of the law. Finally, arguments are raised for an introduction of a balancing of interests to a further extent when a motion to produce documents is raised, regarding con-fidential banking documents, to avoid the banking secrecy becoming void and redundant. A theory of rules and principles in conflict of norms are being used in this regard.