The legal significance of PINs in banking
Document Type
Journal article
Source Publication
Hong Kong Law Journal
Publication Date
2000
Volume
30
Issue
2
First Page
194
Last Page
205
Publisher
Sweet & Maxwell Asia
Abstract
This paper explores the legal nature of a Personal Identification Number (PIN) and the legal position when it is voluntarily or involuntarily disclosed to a third party. It also comments on the legality of the standard form contracts that contain terms relating to the use of PINs. It will be argued that the common law should now regard a PIN as a signature, in light of the development of modern information technology. Further, a PIN holder owes a duty of care to his bank when using his PIN. However, if the PIN disclosure is obtained from the holder by unconscionable or deceptive means, the holder should not be held liable for any consequential losses. Moreover, a bank has a duty to warn its customers of any criminal act which may be practised upon a PIN holder.
Print ISSN
03780600
Publisher Statement
Copyright @ 2000 Hong Kong Journal Ltd. Access to external full text or publisher's version may require subscription.
Language
English
Recommended Citation
Shum, C., & Ko, S.-h. (2000). The legal significance of PINs in banking. Hong Kong Law Journal, 30(2), 194-205.