Prosecutors May Access Bank Accounts Without Court Order

On April 1, 2025, Chamber V of the National Court of Appeals on Criminal and Correctional Matters in the City of Buenos Aires set a significant precedent in case CCC 3529/25 “Melián, C. V. s/estafa”,  which involved a scam committed via WhatsApp. The victim had made several money transfers to a Banco Santander account after being digitally deceived. To advance the investigation, the prosecution requested the account holder’s information and account activity from the bank, without seeking prior judicial authorization.

The trial judge declared the measure null, arguing it violated banking secrecy. However, by majority, the Appeals Court overturned that decision. Two of the three judges held that, in light of the rise in cybercrime and the need to act swiftly, prosecutors are authorized to request such information directly, within the context of a criminal case and in accordance with current regulations, including the Argentine Central Bank’s Communication “A” 7711.

The third judge dissented, arguing that accessing financial data without a prior court order compromises constitutional guarantees such as the right to a defense, the inviolability of postal correspondence and private papers, the principle against self-incrimination, and the protection of individual freedom.