2007年-ECB欧洲央行_Letter_from_the_ECB_President_to_Ms_Pervenche_Berès_Chairwoman_of_the_Committee_on_Economic_and_Monetary_Affairs_European_Parliament_3页_1mb

ECB Response to Ms Pervenche Berès' Questions on SWIFT

Core Content

The European Central Bank (ECB) has responded to five questions raised by Ms Pervenche Berès, Chairwoman of the Committee on Economic and Monetary Affairs of the European Parliament, regarding the use of SWIFT services and compliance with data protection regulations. The ECB emphasizes its role as a user of SWIFT services and outlines its position on legal compliance, oversight, and potential risks related to data privacy and espionage.

Main Points

1. Compliance with Directive 95/46/EC

• The ECB is not subject to Directive 95/46/EC or its national implementing measures.
• It is governed by Council Regulation (EC) No 45/2001, which deals with data protection for Community institutions.
• The ECB will seek explicit consent from individual counterparties (e.g., employees, service providers) for the use of SWIFT in payment transactions.
• It will not process payment orders from individuals who do not consent to SWIFT usage.

2. ECB's Position on Alternative Technical Solutions

• The ECB has explored alternatives to SWIFT but found no feasible options available at this time.
• It acknowledges the importance of reconciling EU and non-EU data protection laws with anti-terrorism measures.
• The ECB is not competent to address this issue directly and will wait for the outcome of the relevant legislative process.
• It supports the global aspect of SWIFT's services and recommends that any new measures consider this.

3. ECB's Actions on Data Protection Oversight

• The ECB believes that data protection compliance is outside its remit and should be managed by data protection authorities.
• It will not take on the role of monitoring data protection compliance, as this is exclusively the responsibility of these authorities.
• Central banks are responsible for payment system stability, not data protection.
• The ECB's oversight of SWIFT focuses on technical security, operational reliability, and good governance.

4. Confidentiality and Professional Secrecy

• The ECB respects professional secrecy obligations of the G10 central banks, including the Nationale Bank van Belgie (BNB).
• Information flows to the ECB are typically through the lead overseer (BNB), which is bound by Belgian secrecy laws.
• The ECB cannot accept that confidentiality obligations be ignored, as they are essential for global cooperation in SWIFT oversight.
• It also emphasizes that confidentiality is a legal obligation under the Statute of the ESCB.

5. Risk of Economic and Business Espionage

• The ECB is aware of the potential for economic espionage through access to SWIFT data.
• It will ensure transparency by informing individuals about the use of SWIFT and its database storage.
• It states that any espionage based on SWIFT subpoenaes is illegal and ultra vires.
• The ECB has no mandate or capacity to verify compliance with the law by US authorities.

Key Information

• ECB's Legal Basis: Council Regulation (EC) No 45/2001.
• SWIFT Oversight Focus: Technical security, operational reliability, and governance.
• Data Protection: ECB does not oversee compliance with data protection laws, which are the responsibility of data protection authorities.
• Confidentiality: Essential for global SWIFT oversight and protected by legal frameworks.
• Espionage Concerns: ECB emphasizes that such activities are illegal and outside its mandate.

Conclusion

The ECB reaffirms its role as a user of SWIFT services and outlines its position on data protection, legal compliance, and confidentiality. It does not intend to take on data protection oversight responsibilities and emphasizes the need for cooperation between EU institutions and the US in addressing legal and security challenges related to SWIFT.