OIJ Says Banks Should Be
Responsible For Cyber
Fraud
The director del
Organismo de
Investigación Judicial (OIJ),
Jorge Rojas, said
yesterday that he feels
the banks should be
liable for customer
losses due to electronic
fraud, contrary to the
bank's position that any
such loss is not their
responsibility.
This year to date some
˘750 million colones
(us$1.45 million
dollars) have been lost
to electronic fraud,
according to Rojas.
"We have an infinity
number of complaints
from people who say they
never responded to an
email or used the
internet to access their
accounts. In those
cases, it should not be
the responsibility of
the bank customer",
explained Rojas.
One of the more recent
cases is Costa Rica
Gerardo Salazar Castro,
a Costa Rican national
living in California,
when he lost us$20.000
from his Banco de Costa
Rica (BCR) account last
October 20.
"The bank should have
noted that the
transactions where not
normal. My computers in
the U.S. are protected.
I hired a company for a
trace and proved that
the accounts were not
vulnerable. Nor did I
answer any emails",
assures Salazar.
Another case is that
lawyer Fernando Montero
who feels the banks have
the obligation to care
for their clients money.
"If the bank has a weak
security system, I will
look for another bank or
keep my money under my
mattress. If the
technology of the
thieves is better, the
bank is being
negligent", said
Montero.
For fellow lawyer, Henry
Vega, if the courts have
ordered the Banco
Nacional to guarantee
the security of
customers in the failed
bank robbery attempt in
Monteverde in 2005, the
responsibility should
also extend to
electronic pillage.
"The bank offers a
service to its
customers, but it has
been proven that is is
not secure", said Vega.
Customers who have been
victim of electronic
theft can find help in
the Ley de Defensa
Efectiva del Consumidor,
which says that the
provider of services
should be held
responsible if the
consumer becomes
prejudiced because of
the good or service.
The oIJ chief warns that
thieves now use a more
silent and effective way
to steal, like
electronic thefts
accessing customer
accounts by internet or
ATM cash machines with
stolen cards and PINs.
Rojas said that the
losses to electronic
thefts is greater than
that of assaults.
To commit a bank
robbery, criminals had
to get their hands on
guns, vehicles, etc.
With electronic crimes
all that is not
necessary and much more
profitable.
For the time being the
Sala Constitucional
(Constitutional Court)
is recommending that
victims take civil
action against the
banks.
Rojas warns that
Christmas is a time to
be wary as criminals
send emails with "spyware"
that can copy and
transfer personal
banking information with
the victim's knowledge.
For now the state banks
are reassessing their
security systems. The
Banco Nacional (BN) says
it is studying various
options and will notify
its customers if and
when any changes are
made. At the Banco de
Costa Rica (BCR), it
says it will be
introducing a variable
password system added
with a personal key,
which is tied to the
customers cedula number.
And at the Banco
Popular, it says it will
maintain a preventive
campaign to instruct its
customers how not to
become a victim of
electronic fraud.
For now the majority of
the victims have been of
the state banks,
although customers of
the private banks can be
just as vulnerable to
cyber crime. |
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