DISCLOSURE OF DATA RELATED TO MONEY LAUNDERING INVESTIGATION FROM DATA PROTECTION PERSPECTIVE

Publication Date : 01/01/2019


Author(s) :

GO LISANAWATI, MOHAMMAD SADEGHI.


Volume/Issue :
Volume 4
,
Issue 1
(01 - 2019)



Abstract :

The issue of personal data and its protection is important to be discussed. Data protection has been put as the main mechanism that should be ensured regarding with the using of technology that require data collection, data storage, and data access in all real and virtual activities. More of that, the uses digital signature, digital contract, or any acceptance and verification methods in the activities related to technology uses are need to ensure data protection. The law shall be governed to give the protection in that matter. But the cyber attack appears as serious threat in the context of data protection. All parties who collect data must be respect the disclosure of data and the use of data. Another important criminal cases investigation process and law enforcement that needs data disclosure is money laundering. Money laundering deals with transaction of illicit money, underlying transaction, illicit funds transfer, and other forms of transaction that describe money laundering movement. In case of criminal cases investigation, it is definitely important to the officer to access data to illicit money stored, movement, or transferred that have been conducted by offender. Investigator needs to access data of offender that using financial provider’s service to hide, or to disguise money. This working paper is using qualitative research method that study and analyze the disclosure of data in anti money laundering regime but will be analyzed from data protection regulation perspective. As the result, data protection shall be allowing to be disclosed for money laundering investigation process since money laundering cases is an intelligence investigation. The responsible law agencies and reporting parties shall be handle with very careful and not expose the data beyond the needed. In practice, this paper will give knowledge why does the disclosure of data will remain important for the investigation process of money laundering cases in practice.


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