2020-03-16

Added · Updated

Circular Letter No. CC/2020/00000015: Dissemination of Information Regarding Personal Identification Documents

The Bank of Portugal establishes a service for individuals to report the loss, theft, forgery, or illicit use of personal identification documents, which is then disseminated to supervised credit institutions, payment institutions, electronic money institutions, and financial societies. Requests must be submitted via an electronic solution or a specific form accompanied by a police or judicial report, and the Bank acts solely as a communication facilitator without assuming liability for the institutions' final decisions. This circular revokes Circular Letter No. CC/2019/00000047 and explicitly excludes bank cards, checks, and other payment means from its scope.

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Circular Letter No. CC/2020/00000015

Sent to: Credit Institutions, Financial Societies, Payment Institutions, and Electronic Money Institutions.

Mod. 40000375/T – 01/14

Subject: Dissemination by the banking system of information regarding personal identification documents

1. Framework

The Bank of Portugal provides, upon request by individuals, a service for disseminating information regarding situations involving the loss, theft, robbery, forgery, counterfeiting, and illicit use of personal identification documents (hereinafter abbreviated as "PID"), with the entities subject to the supervision of the Bank of Portugal as recipients, hereinafter referred to as "Institutions".

The provision to individuals of a rapid communication channel with the banking system, which allows overcoming the difficulties associated with the number and dispersion of the institutions comprising it, with the objective of informing about situations involving, among others, the loss, theft, robbery, forgery, counterfeiting, and illicit use of personal identification documents, is relevant in the prevention and combating of the illicit, actual or potential, use of such documents by third parties, as well as their consequences for the respective holders and for the banking system itself.

This service, in addition to its obvious utility for citizens, allows credit institutions to reinforce their internal prevention mechanisms and combat illicit situations, avoiding the serious legal and financial consequences that often arise from the fraudulent use of personal identification documents by someone other than their actual holders.

The dissemination of the requests in question will be carried out through the Electronic Platform for Registration and Transmission of Official Documents (PERTO), whose operation is described in a Circular Letter. Without prejudice to other forms of access to the service, the Bank of Portugal will prioritize the receipt of requests through the use of an electronic solution made available for this purpose on the Banking Client Portal (https://clientebancario.bportugal.pt/).

The Bank of Portugal warns that this service is not intended for situations involving the loss, theft, robbery, forgery, counterfeiting, and illicit use of bank cards, checks, or other payment means; in such situations, the respective holders should contact the issuing entities as soon as possible.

Mod. 40000375/T – 01/14

2. Dissemination of Requests

The requests will be disseminated by the Institutions subject to the supervision of the Bank of Portugal, listed in a list available on the Banking Client Portal, comprising all institutions authorized to receive deposit funds and to conclude consumer credit contracts, corresponding to the relevant universe for knowledge of situations of potential or actual illicit use of personal identification documents.

Only requests that expressly refer to situations involving the loss, theft, robbery, forgery, counterfeiting, and illicit use of personal identification documents, as well as requests that, in the reverse sense, inform about the recovery, replacement, or other alteration regarding the status or validity of the documents subject to a previous request, are admissible for the purposes of making this service available by the Bank of Portugal.

For this purpose, only the Citizen Card, Identity Card, Taxpayer Card, Passport, and Residence Authorization in national territory shall be considered as personal identification documents.

3. Operationalization of the Service

The Bank of Portugal only recognizes legitimacy to request dissemination to the holder of the documents or to their representative. For this purpose, an electronic solution and a form designated "Request for dissemination of information regarding personal identification documents" (attached to this Circular Letter) are made available on the Banking Client Portal, which allow both the electronic filling and submission of the request, and its printing, filling, and subsequent sending by mail or e-mail to:

Bank of Portugal Branch Praça da Liberdade, No. 92 4000 – 322 Porto E-mail: ofbp@bportugal.pt

It is a necessary requirement for the realization of the dissemination the attachment of a police or judicial report or declaration that specifies what happened with the identification documents in question; the applicant may attach other relevant information or documentation.

The operationalization of the service will follow the following procedure:

a) The applicant fills out the form, ensuring the availability of data for filling in the fields marked as mandatory, in order to facilitate the analysis and processing of requests, both by the Bank of Portugal and subsequently by the recipient Institutions;

b) The document issued by a judicial or police entity (e.g., police report) attesting to the occurrence on which the request is based must be attached;

c) Any requests for clarification or additional elements (e.g., request for official supporting documents) must be made by the recipient Institutions directly to the applicant;

d) In the event of recovery, replacement, or other alteration regarding the status or validity of documents that have been the subject of a previous dissemination request, the applicant assumes responsibility for making a new request to the Bank of Portugal, using the same type of form and marking the fields specifically intended for this purpose, which will serve to inform the recipient Institutions;

e) The Bank of Portugal will make this dissemination service available free of charge to applicants, and therefore, the recipient Institutions are not allowed to charge the Bank of Portugal any expenses (even as administrative fees or similar).

4. Delimitation of the Bank of Portugal's Responsibility

The Bank of Portugal acts in this process merely as a collaborator, facilitating the communication process between individuals and the recipient Institutions. It is the latter, in the final instance, that are responsible for verifying the regularity of the information communicated by the applicant and for the consequent final decision on the procedure to be adopted. Under no circumstances can any responsibilities be attributed to the Bank of Portugal regarding the actions of the applicant or the recipient Institutions of the dissemination.

5. Final Provisions

Requests for clarification regarding the content of this Circular Letter should be sent to the address referred to in point 3.

Circular Letter No. CC/2019/00000047, of 15-05-2019, is revoked.


Request for dissemination of information regarding personal identification documents

……………………………………………………………………………………………………………………………………………………………………………………………………….………………….

Mod. 99999909/T – 03/20

ATTENTION: Use a pen and write in legible capital letters. Read the instructions (on the back) for the correct completion of this form. Fields marked with an asterisk (*) are mandatory.

I | Personal identification data to which the dissemination request applies

Name* Address* Locality* Postal Code* – Phone E-mail No. of identification document* Identity Card/Citizen Card (indicate at least one) Passport Residence Authorization/Title Tax Identification Number*

II | Identification documents (to which the dissemination request applies)

DocumentsLost, stolen, robbed, forged, counterfeited, or illicitly usedRecovered, replaced, or whose status or validity has been altered
Citizen Card
Identity Card
Taxpayer Card
Passport
Residence Authorization or Title

III | Identification of the representative

Name* Address* Locality* Postal Code* – Phone E-mail No. of identification document* Identity Card/Citizen Card (indicate at least one) Passport Residence Authorization/Title Tax Identification Number*

I declare that the information elements I provide correspond to the truth and that I have read, understood, and accepted without reservation the conditions for using this service.

Date _____ /_____ /_______ (dd/mm/yyyy) Signature

Note: The Bank of Portugal acts in this process merely as a collaborator, facilitating the communication process between individuals and entities subject to its supervision. It is the latter, in the final instance, that are responsible for verifying the regularity of the information communicated by the applicant and for the consequent final decision on the procedure to be adopted. Under no circumstances can any responsibilities be attributed to the Bank of Portugal regarding the actions of the applicant or the supervised entities.


Request for dissemination of information regarding personal identification documents

……………………………………………………………………………………………………………………………………………………………………………………………………….………………….

Mod. 99999909/T – 03/20

Completion Instructions

I

Personal identification data to which the dissemination request applies

Name Indicate your full name;

Address Indicate your complete address, including the postal code, as well as a contact telephone number (or mobile) and e-mail address;

Identity Card/Citizen Card, Passport, or Residence Authorization/Title Indicate at least one of the following identification numbers: Identity Card/Citizen Card number, Passport, or Residence Authorization/Title;

Tax Identification Number Indicate your Tax Identification Number (NIF).

II

Identification documents (to which the dissemination request applies) (*)

Mark in the corresponding fields of the second column the documents that were subject to loss, theft, forgery, counterfeiting, or illicit use;

Mark in the corresponding fields of the third column the documents that, having been subject to previous dissemination, have since been recovered, replaced, or whose status or validity has been altered.

III

Identification of the representative

To be completed in situations where the request is made by a representative of the document holder:

Name Indicate your full name;

Address Indicate your complete address, including the postal code, as well as a contact telephone number (or mobile) and e-mail address;

Identity Card/Citizen Card, Passport, or Residence Authorization/Title Indicate at least one of the following identification numbers: Identity Card/Citizen Card number, Passport, or Residence Authorization/Title;

Tax Identification Number Indicate your Tax Identification Number (NIF).

You must attach to this form the police or judicial report or declaration attesting to the occurrence on which the request is based.

Compliance with the duty of information towards the data subject

I

Responsible, Grounds, and Purpose

The personal data collected are processed by the Bank of Portugal, a public law legal entity with registration number 500 792 771 and headquarters at Rua do Comércio, No. 148, 1100-150, Lisbon (hereinafter referred to as the Bank), in compliance with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 (the Regulation) and other applicable data protection legislation, based on the exercise of public interest functions vested in the Bank, in accordance with Article 6(1)(e) of the GDPR and for the purpose of disseminating information regarding personal identification documents (PID).

II

Obligation

The provision of personal data is mandatory. Failure to provide them will result in the non-processing of the operation in question.

III

Retention

Personal data are retained for 10 years.

IV

Recipients

The personal data collected will be communicated to Currency Exchange Agencies, Banks, Central Credit Agricultural Mutual Credit Institution, Savings Banks, Agricultural Mutual Credit Institutions, Agricultural Mutual Credit Institutions (not belonging to SICAM), Credit Financial Institutions, Electronic Money Institutions, and Payment Institutions.

V

Rights

The personal data collected will be communicated to Credit Institutions and Financial Societies.

VI

Contacts

The aforementioned rights are exercised by requesting the Bank's Data Protection Officer, by filling out a form made available for this purpose, at the Bank's premises, or alternatively, to the following addresses:

E-mail Encarregado.protecao.dados@bportugal.pt; or,

Postal Mail Bank of Portugal Data Protection Office Rua do Comércio, 148 1100-150 Lisbon

VII

Complaint

Furthermore, you have the right to lodge a complaint with the National Data Protection Commission (CNPD), as the supervisory authority.

Sending the Form

The form should be sent to Bank of Portugal, Branch – General Information and Support Unit, Praça da Liberdade, 92, 4000-322 Porto or to the e-mail: ofbp@bportugal.pt