« Protection of consumer personal information in an open banking system. Comparative study between Canadian law and Quebec law as well as European Union law and French law “. This is the doctoral thesis in Law supported by Vonimbolana Lauriane Marie Rakotomandimby (Ph.D), on August 28, 2023 before the Faculty of Law of the University of Laval in Quebec, Canada with delivery of the diploma on August 30, 2023.Judge. During its December 2022 session in Toamasina, the Superior Council of Magistracy (CSM) adopted the resolution according to which all magistrates benefiting from an authorization for studies are required to make a restitution of their research work. Hence the brilliant restitution carried out last Monday, in the courtroom of the Supreme Court, under the double sponsorship of the first President Ranary Rakotonavalona Robertson and the Attorney General Benjamine Alexis Rakotomandimby, by the above-mentioned who is an investigating judge at the Pole Anti-Corruption (PAC) of Antananarivo, first degree jurisdiction. In addition to addressing a very technical subject, this thesis, developed within the framework of Canadian bijuralism, embraces several legal systems, including Canadian federal law and Quebec law, European Union law and French law.
Paradigm shift. During her presentation, Vonimbolana Lauriane Marie Rakotomandimby developed the key concepts of her thesis, before highlighting the problems she identified, including the evolution of the science of banking law in a system invaded by financial technology companies (FinTech), which position themselves as major competitors of banks by offering diversified financial products and services and focusing on the absence of risk. The presenter also presented the issues of the open banking system, in particular the value of consent relating to personal information which has undergone a paradigm shift, as we are increasingly witnessing the monetization of personal data. The responsibility of service providers must be well regulated, as well as the governance of personal data by these companies, in order to guarantee consumer protection in this new system which goes beyond the usual framework of the traditional banking contract, with the sharing of banking information. from the client using application programming interfaces.
Digitalization policy. The presenter delivered some of the recommendations that she put forward in her thesis, applicable in the Malagasy legal context. Among many other of his suggestions are the establishment of regulatory technical standards that will clarify the Malagasy Law on the Protection of Personal Data, promulgated in January 2015, the development of a national cybersecurity strategy, as well as the promotion of a national digital identity, in accordance with the priorities of the Malagasy government which is currently undertaking a policy of digitalization of public services.
Digital law. As part of her thesis, she carried out in-depth studies on digital law in the financial services sector, in particular the workings of cybercrime and computer fraud of which Madagascar is not spared, artificial intelligence and digitalization, information and communication technologies, protection of personal data and privacy, electronic commerce law, banking law, the law of the Organization for the Harmonization of Business Law in Africa.
Major de promotion. During her doctoral studies, Ms. Rakotomandimby Vonimbolana Lauriane Marie was awarded excellence scholarships, including the excellence scholarship from the Claire-L’Heureux-Dubé Fund, the excellence scholarship from the Faculty of Law of the University Laval, Quebec, and the National Bank of Canada Excellence Scholarship. During her university studies at the Catholic Institute of Madagascar, she was always top of her class, all sectors combined (private law, public law, social sciences and economics).
Room of personalities. The ceremony took place in the presence of an audience of personalities, among others, Patrick Rajoelina, Special Advisor to the President of the Republic, the Secretary General and members of the CSM, the Heads of Courts within the Supreme Court, the Prosecutor General at the Court of Appeal of Antananarivo, the Director General of the National School of Magistracy and Registries, the Coordinator of the Anti-Corruption Poles of Madagascar, the Head of the Public Prosecutor’s Office at the second level jurisdiction of PAC of Antananarivo, the Public Prosecutor at the first instance jurisdiction of the PAC of Antananarivo, the President and the Public Prosecutor at the Court of First Instance of Antananarivo, the Director General of the Tax Recovery Agency Illicit Assets, the Director of Investigation of the Independent Anti-Corruption Office, Magistrates, Law professors, as well as representatives of the Executive, such as the Director of the Cabinet of the Minister of the Economy and finances. Also present were stakeholders from the financial services sector, such as the Secretary General of the Banking and Financial Supervision Commission, the General Director of the Caisse d’Epargne de Madagascar, representatives of the SBM and BOA Madagascar.
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