PRESIDENTIAL DECREE OF THE REPUBLIC OF BELARUS

of April 18, 2019 No. 148

About digital banking technologies

For the purpose of further development in the Republic of Belarus of digital banking technologies, uses of information systems when making banking, payment, other financial activities and other activities connected with implementation of these transactions (further - other activities), I decide:

1. Functioning of interbank system of identification * (further - MSI) is provided with open joint stock company "The non-bank credit and financial organization "Single Settlement and Information Space" (further - NKFO ERIP).

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* For the purposes of this Decree terms are used in the values determined in appendix.

2. NKFO ERIP:

is the owner of MSI;

creates MSI;

performs processing of personal and other data (further if other is not determined, - data processing) about legal entities and physical persons, including about individual entrepreneurs, notaries, users of payment services, and also about their representatives who receive services of persons called in Item 3 of this Decree, the legal entities called in part one of Item 21 of this Decree, state bodies (further if other is not determined, - clients), in MSI and provision of such data to users of this system, state bodies, receivers of data MSI, clients;

in case of data processing about clients in MSI performs protection of such data according to the legislation on information, informatization and information security, including on personal data.

3. Members of MSI are banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company.

Users of MSI are the National Bank, banks, the non-bank credit and financial organizations, "Development Bank of the Republic of Belarus" open joint stock company, other persons, the performing financial transactions, payment service providers from the date of the conclusion specified persons (concerning notaries - the Belarusian notarial chamber) contracts with NKFO ERIP on information interaction with MSI.

Receivers of data MSI are public institution "Agency on the guaranteed compensation of bank deposits (deposits) of physical persons", "Agency of Servisization and Reengineering" open joint stock company.

4. The purpose of functioning of MSI is carrying out identification on remote basis which is carried out without personal presence of the client with use of program and (or) technical means (further - remote identification), authentications and verifications of these clients.

5. MSI is created at the expense of data on clients:

the income determined by the Law of the Republic of Belarus of June 30, 2014 No. 165-Z "About measures for prevention of legalization gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction";

determined by National Bank, including information characterizing physiological and biological features of the person (photo and (or) the video image, voice) which is used for its unique identification for the purpose of the identification determined by the Law of the Republic of Belarus "About measures for prevention of legalization of income gained in the criminal way, financings of terrorist activities and financing of distribution of weapons of mass destruction" and (or) authentication (further - biometric personal data).

The data specified in part one of this Item are subject to processing in MSI in the amount minimum necessary for making of banking, payment, other financial activities and other activities.

6. Workers of NKFO ERIP ensure safety of the data which became to them known connected with functioning of MSI which are the bank or protected by the law other secret and bear the responsibility for disclosure of these data established by legal acts.

7. For the purpose of ensuring carrying out remote identification of clients, forming of MSI and data processing about clients participants of this system shall represent data to MSI:

about resident clients, their resident representatives, nonresident representatives, received in case of identification, and also when updating (updating) of such data, except for the data obtained from this system;

about nonresident clients, their nonresident representatives, resident representatives, received in case of identification, and also when updating (updating) of such data, except for the data obtained from this system.

Data presentation in MSI according to part one of this Item is not violation of the bank or protected by the law other secret.

8. The data on clients containing in MSI can be used by users of this system, identification agents, and also state bodies (within accomplishment of the functions determined by the legislation), receivers of data MSI during the making of banking, payment, other financial activities, other activities with observance of the requirements provided in Items 6, 17 and 18 these Decrees.

9. By users of MSI, identification agents remote identification of clients with use of the data obtained can be carried out:

from MSI;

from the valid certificate of open key of verification of the digital signature and (or) the attribute certificate published by republican certification center of the State management system open keys of verification of the digital signature of the Republic of Belarus. In case of insufficiency of such data additional data are requested in MSI;

from the biometric identity documents issued in the Republic of Belarus according to the Presidential decree of the Republic of Belarus of June 3, 2008 to No. 294 "About documentation of the population of the Republic of Belarus";

when carrying out remote identification according to Item 10 of this Decree.

By users of MSI, identification agents remote identification of clients in other cases established by legal acts can be carried out.

10. The remote identification of clients providing automatic recognition of presence of the living person, biometric personal data of clients and comparison of the biometric models created based on the provided biometric personal data of clients and the photo of these persons from the identity document, including biometric can be carried out by users of MSI, identification agents (further - biometric remote identification).

Cases and conditions of carrying out biometric remote identification of clients are determined by National Bank or Council of Ministers of the Republic of Belarus within their competence.

11. Updating (updating) of MSI this about clients by users can be carried out far off with use of information networks (systems), program and (or) technical means.

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