(a)(1)Notwithstanding the provisions of section 39, an information source may refrain from providing a service provider with access to financial information if any of the following circumstances exists:
(a)there is a substantial concern of unauthorised access to the information or of a breach of the confidentiality obligation in respect of the information;
(b)there is a prohibition under law on providing the information to the customer;
(c)the access authorisation was granted by one of the account holders in a joint account, in accordance with the provisions of section 43(b), and that person has ceased to be an account holder;
(d)additional circumstances prescribed by the Minister, after consulting with the regulator of the information source and the regulator of the service provider, in which it is justified not to permit access as aforesaid for the purpose of protecting the interests of customers;
(2)if an information source has not provided access to information pursuant to the provisions of paragraph (1), it shall notify the service provider accordingly as soon as possible, unless disclosure of such information is prohibited by law, and shall also notify the regulator of the information source accordingly, together with the reasons therefor; the information source shall document the denial of access and the reasons therefor and shall retain the documentation;
(3)if the impediment to providing access to the information as referred to in paragraph (1) has been removed, the information source shall notify the service provider accordingly as soon as possible, and shall also notify the regulator of the information source accordingly, and shall grant the service provider access to the information in accordance with the provisions of section 39 as soon as possible;
(4)the regulator of the information source shall prescribe, in regulator's instructions, provisions regarding the giving of notice by an information source pursuant to paragraphs (2) and (3), and may prescribe, in regulator's instructions, provisions regarding the documentation and its retention as referred to in paragraph (2).
(b)The Minister, after consulting with the regulator of the information source and with the approval of the Economics Committee, and in relation to an information source supervised by the Bank of Israel – the Governor, with the consent of the Minister and with the approval of the Economics Committee, may prescribe, on considerations relating to the cost involved in implementing the provisions of this Law or to competition in the financial system, that an information source in respect of which conditions prescribed by the Minister are met shall not be required to provide access to financial information in its possession pursuant to the provisions of section 39.
(c)(1)Without derogating from the provisions of subsection (b), the Minister, upon the proposal of or after consulting with the regulator of the relevant information source, and in relation to an information source supervised by the Bank of Israel – the Governor, with the consent of the Minister, may instruct an information source with a small scale of activity, on special grounds relating to the cost involved in implementing the provisions of this Law or to competition in the financial system, and at the request of the information source, that the obligation to provide access to financial information in its possession pursuant to the provisions of section 39 (in this subsection – the access obligation) shall not apply to it or shall apply at the end of a period as instructed;
(2)if an information source that has been given an instruction as referred to in paragraph (1) has ceased to be an information source with a small scale of activity, the access obligation shall apply to it from the date specified below, as the case may be, or at the end of another period as instructed by the Minister or the Governor, as the case may be, as referred to in paragraph (1):
(a)in relation to an information source in respect of which the Minister or the Governor instructed that the access obligation shall not apply – at the end of two years from the date on which it ceased to be an information source with a small scale of activity;
(b)in relation to an information source in respect of which the Minister or the Governor instructed that the access obligation shall apply at the end of an instructed period – at the end of the period so instructed or at the end of two years from the date on which the information source ceased to be an information source with a small scale of activity, whichever is earlier.
(d)Notwithstanding the provisions of section 39 and without derogating from the provisions of subsections (b) and (c), with respect to the bodies listed below, the obligation to provide access to financial information pursuant to the provisions of that section shall apply from the dates specified alongside them, as the case may be:
(1)in relation to a body that has for the first time become an information source – at the end of three years from the date on which it first became an information source as aforesaid;
(2)in relation to an information source upon which the obligation to provide access to financial information did not apply pursuant to subsection (b) or (c), and which at a later date became an information source of another type upon which the said obligation applies – at the end of three years from the date on which it became the holder of the other licence;
(3)in relation to an information source upon which the obligation to provide access to financial information applies, which at a later date became an information source of another type by reason of which it is required to provide access to information baskets in respect of which the obligation to provide access did not previously apply to it – at the end of one year from the date on which it became the holder of the other licence, with respect to those information baskets;
(4)notwithstanding the provisions of paragraphs (1) to (3), in relation to an information source that is an auxiliary corporation or a corporation controlled by a holder of a stability payment services provider licence – at the end of one year from the date on which it became an information source as aforesaid, except in relation to information baskets in respect of which the obligation to provide access applied to it or to the person controlling it previously; for this purpose, "control" – as defined in the Banking (Licensing) Law.
(e)The regulator of the information source shall publish on its website a list of information sources upon which the obligation to provide access to financial information in their possession does not apply, in respect of all or some of the information baskets, or upon which such an obligation shall apply at the end of a prescribed period, in accordance with the provisions of subsections (c) and (d).