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CBA, AUSTRAC and our Orwellian privacy laws

Last Tuesday, I was blindsided by an email from the Commonwealth Bank of Australia (CBA) demanding intimate details about my financial life. They wanted to know how I built my wealth, why I made certain transactions, and whether I hold cash at home—all within seven days, or they’d freeze my accounts.

I first thought it was spam. But no, it was real.

Citing AUSTRAC, Australia’s anti-money laundering regulator, CBA’s demands felt like an invasion, a dystopian overreach that left me reeling. This wasn’t just bureaucracy; it was personal. Here’s what’s happening, why it’s happening, and what it means for our privacy.

Know your customer

AUSTRAC’s Know Your Customer (KYC) rules, under the Anti-Money Laundering and Counter-Terrorism Financing Act 2006, require banks to identify and verify customers to prevent financial crimes like money laundering and terrorism financing. Banks must collect and verify identity details, monitor transactions, and report suspicious activities. For higher-risk customers—like those in cash-intensive businesses or certain industries—enhanced due diligence applies. CBA’s email aligns with these obligations, as banks must ensure customer information is current and accurate, or risk penalties like the $700 million fine CBA faced in 2018 for Anti-Money Laundering and Counter-Terrorism Financing (AML/CTF) breaches.

But the way CBA enforced these rules felt like a sledgehammer. Demanding I justify how I made my wealth. Demanding to know if I keep cash at home and why; with threats to lock my accounts, isn’t just compliance—it’s intimidation and a potential security risk for me and my family. It should be noted that AUSTRAC released a statement to the media surrounding my experience that they do not require the banks to freeze customer accounts in order to meet their KYC rules.

Nevertheless, banks are under pressure to avoid AUSTRAC’s wrath, so they cast wide nets, collecting more data than necessary to cover themselves. This overreach raises ethical dilemmas: where’s the balance between security and personal autonomy? My financial history is mine, not a bank’s to interrogate at will. The Privacy Act 1988 requires businesses to limit data collection to what’s necessary, yet CBA’s demands felt speculative, as if I’m guilty until proven innocent.

It should be noted the call ended with the bank demanding they can share this very personal information about me to other third parties including other commercial credit providers.

What's next?

This experience signals a troubling future for community privacy. If banks can demand such intrusive details under AUSTRAC’s banner, what’s next? The global shift to ISO20022 for international fund transfers, implemented in 2022, means even more personal data is collected and shared with regulators. Cash, a last bastion of private transactions, is under threat – the query about my holding of cash at home felt like a nudge toward a cashless society where every move is tracked. This erodes trust. If banks treat customers like suspects, people may turn to unregulated channels, ironically undermining AUSTRAC’s goals by reducing transparency.

What’s next for personal information requirements? Expect tighter regulations. AUSTRAC’s push for robust AML/CTF frameworks means banks will likely demand more frequent updates to customer data, especially as fintech and digital currencies grow. The Consumer Data Right, already active in banking, could expand, giving consumers some control over data sharing but also normalizing constant data flows. Yet, without stronger privacy protections, this risks a surveillance state where personal freedom is sacrificed for security.

This isn’t just about me—it’s about all of us. CBA’s demands, driven by AUSTRAC, highlight a system prioritising compliance over ethics. We need clear boundaries on data collection, robust oversight to prevent overreach, and a public conversation about privacy in a digital age. I’m not a criminal, and neither are most Australians. We deserve better than to be treated like suspects in our own lives.

 

Louis Christopher is Managing Director of SQM Research.

 

12 Comments
Jill
May 23, 2025

I had the same issue, acting as an enduring power of attorney for my son who is also a Canadian citizen. Bank wanted every detail updated although none had changed. We spoke with the bank (together) while I was in Canada but that wasn't good enough. Complicating the issue is that in Canada an attorney witnesses a document without actually signing it on the same page, but issues a separate letter to verify that the details are correct. This was apparently above and beyond the Australian bank's ability to comprehend.
Long story short, it took months to verify that the details they already had were current and correct, not only wasting their time but causing great frustration to everyone.

David Pav
May 23, 2025

Probably no coincidence a promoted “Related Article” dated 23/10/24 concerns the ‘recent’ AFCA ruling forcing “for the first time” reimbursement by a bank of scammed funds ?

Geoff F
May 22, 2025

Hi Louis,
Would you care to advise, in broad terms, how you responded to CBA's intrusive and overreaching questions ?
It might give readers and other commenters some ideas about handling their own situations that mirror yours.

KIm
May 22, 2025

Not wanting apps due to being in our late 70's, we had to go to an NAB branch (only 1 in Adelaide CBD) and go through the process of re-identifying ourselves for our U Bank a/c. Waiting for Comm Bank to hassle us - and probably have to spend a long waiting time in one of their 2 CBD branches in Adelaide. Lodging a term deposit for a Car Club recently at Bank SA took several hours, with all signatories having to re-identify themselves. Left me standing for over an hour at one interview -no respect for Seniors.

Michael
May 22, 2025

Austrac's performance and effectiveness needs an in-depth review by the Productivity Commission or by a Parliamentary inquiry. How many criminals have been caught and what is the benefit? What are the full costs imposed on business and the community of this flawed enforcement model and organisation.

The consequences of how the model operates and its punitive enforcement approach with financial institutions should have been obvious. To minimize risk these companies apply procedures even when risk is absolutely minimal. This is senseless.

It is inefficient with significant costs for companies and even more so for individuals.

It is over regulation and helps to cover up Austrac's and the Governments own inadequacies, exemplified by how long Austrac took to look into what was happening with high rollers in casinos, and recognise or do something about the obvious criminal opportunities in the use bitcoin and other "currencies" .

And Phil is correct - it increases cyber crime risks to individuals.

Graham W
May 22, 2025

My wife and I are in our seventies and about to transfer our SMSF investments to a Family Trust with a corporate trustee. We have made two trusted family members as directors of the trustee company to allow for easy transfer of management of these funds when it becomes necessary. Macquarie Bank and Bell Direct have put all of us into nearly two months of stress trying to satisfy all of their information and ID demands. As existing clients, we nevertheless had to start from scratch. Our family were put through the grill despite having no current control over the new accounts. Asking where we all got our wealth from is ridiculous. They rely on AI and too few staff who take a long time to respond to emails. We are glad to get this done now, as it would be impossible to sort out our affairs if we lose mental capacity or die suddenly.

Josh
May 22, 2025

I had a similar experience with Bank Australia who would not let me send money into an account at a crypto trading platform, so I could invest in some crypto currencies.
It’s completely dystopian and (again) Orwellian that a bank is trying. To control how I invest my money and what I do with my money. I felt like a child trying to justify to may parents how I spend my pocket money before they would give it to me.

If I had wanted to withdraw money to take to the casino, they would have had no issue, however.

What’s next? Will my bank decide that Woolworths is unethical and then disallow any transactions at Woolworths so I can’t shop there??

The level of “Nanny State” and institutional overreach has become absurd and concerning.

Scott G
May 22, 2025

Is it drawing too long a bow to posit that maybe the banks are deliberately acting this way to try and place pressure on the Govt. I dare say they would rather not have to spend time and money in this space, so could be in a passive aggressive manner trying to engineer a backlash

Ben S
May 22, 2025

I work in FinTech and are currently navigating KYC. I agree in Christopher’s instance that the business should have no concern over his cash as the cash is outside the bank-client relationship. Are they going to ask how much his wife’s jewellery cost? Thanks for naming and shaming. Makes me wonder why someone along the line at CBA didn’t question this overreach.

Pamela
May 22, 2025

I have been through this with Commsec. Despite fully complying with their demands, we receive regular email and mail Final Notices demanding that we comply by a certain date or our shares will be placed into a suspense account and my HINs cancelled. I also have a small margin loan and the threat is the shares will be sold without notice and trigger CGT. We have large holdings including companies and a superfund so each demand triggers absolute panic. When I contact commsec each time I’m told that we have fully complied but the notices cannot be turned off in their system. Apparently, the original notice was never sent so we only had a short period to comply. I’m never going to be able to confidently take a holiday or turn off my devices again!

Greg Hollands
May 22, 2025

CBA is still dealing from the $700m fine from AUSTRAC. Their behaviour in relation to my (now deceased) brother was just as intrusive - there were a handful of overseas transactions that he had no idea about, but they accused him of all sorts of things and closed his accounts immediately - absolute barstrardy. This is nothing more than overreach and when you go to the AUSTRAC website it shows quite clearly that there is no need for this action. I am continually harassed by NAB to provide identity details that they have been provided with on several previous occasions - these people are running scared or are morons - you choose!

Phil Gray
May 22, 2025

And of course it risks unauthorised staff access who can sell data to crims for home invasions.

 

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