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, other financial activities and other activities:
1. Determine that:
1.1. functioning of interbank system of identification * (further - system of identification, MSI) is provided with open joint stock company "The non-bank credit and financial organization "Single Settlement and Information Space" (further - NKFO ERIP);
* For the purposes of this Decree terms and their determinations are applied according to appendix.
1.2. NKFO ERIP is the owner of system of identification, performs its forming, collection, processing, data storage about clients, their representatives in MSI and provision of such data to users of this system, state bodies, clients, their representatives;
1.3. the system of identification is created for the account:
data on the clients, their representatives determined by the Law of the Republic of Belarus of June 30, 2014 No. 165-Z "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" (further - the Law on prevention of legalization of the income);
The data specified in part one of this subitem are subject to collection, processing, storage and provision in system of identification in the amount minimum necessary for making of banking, other financial activities and other activities connected with implementation of these transactions (further - other activities).
NKFO ERIP when implementing collection, processing, storage and provision of data on clients, their representatives shall perform protection of such data with use of the appropriate means of information security providing confidentiality, integrity, authenticity, availability and safety of these data;
1.4. for the purpose of forming of system of identification, collection, processing, storage, fixing of data on clients, their representatives participants of this system:
shall provide in MSI the data on resident clients, their resident representatives received in case of identification and also when updating (updating) of such data, except for the data obtained from the called system. At the same time provision of data in MSI is not violation of the bank or protected by the law other secret;
provide in MSI the data on 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 taking into account the requirements of the legislation and international treaties directed to protection of the rights of subjects of personal data;
1.5. the data on clients, their representatives containing in MSI can be used by users of this system, and also state bodies (within accomplishment of the functions determined by the legislation) when making banking, other financial activities and other activities with observance of the requirements provided in subitem 1.9 of this Item;
1.6. by users of MSI identification of clients, their representatives without personal presence of specified persons in the presence of data on these clients, their representatives can be carried out:
at the users of the called system received by them earlier when holding actions for identification of the clients, their representatives determined by the Law on prevention of legalization of the income;
in the existing certificate of open key of verification of the digital signature and (or) in 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 shall be requested in system of identification.
By users of MSI identification of clients, their representatives without personal presence of the specified persons in other cases identified by legal acts can be carried out;
1.7. in case of absence in MSI of data on clients, their representatives for identification of specified persons without their personal presence by users of this system the procedure of remote identification can be carried out.
The procedure of remote identification is carried out with use of information networks (systems) and software and hardware and technologies by establishment of video conference with clients, their representatives and provides automatic recognition of biometric these specified persons and the photo from the identity document, with subsequent their comparison.
Cases and conditions of holding procedure of remote identification by means of establishment of video conference with clients, their representatives are determined by National Bank and Council of Ministers of the Republic of Belarus within their competence.
When updating (updating) of data on clients, their representatives by users of MSI the procedure of remote updating (updating) of data on specified persons can be carried out.
The procedure of remote updating (updating) of data on clients, their representatives is held with use of information networks (systems) and software and hardware and technologies, including by establishment of video conference with specified persons.
Cases, conditions and procedure for holding procedure of remote updating (updating) for data on clients, their representatives are determined by National Bank and Council of Ministers of the Republic of Belarus within their competence;
1.8. verification of personal data about clients, their representatives is performed by NKFO ERIP in interaction with owners (operators) of the state information resources (systems) in the amount necessary for goal achievement of functioning of system of identification.
Provision of the state information resources (systems) of NKFO ERIP by owners (operators) of information in electronic form containing in such resources (systems) is performed by means of the nation-wide automated information system (further - OAIS).
If the state information resource (system) is not integrated with OAIS, information interaction is provided with its owner (operator) during technical and organizational actions for its integration with OAIS which shall be complete no later than December 31, 2020;
1.9. provision of data on clients, their representatives from system of identification and other use of these data, except the cases established by legal acts concerning provision of such data to state bodies, other authorized persons are performed based on written consent of clients, their representatives according to the procedure, determined by National Bank.
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