Access to Financial Information for Tax Purposes and Proportionality – Balancing Public Interest with the Protection of Privacy

Abstract

The purpose of the article is to analyse how to balance public interests with the protection of privacy in the tax field. It has not been an easy task especially in the context of access to financial information.
 In this area, the compromise to achieve transparency needs to pay regard to the principle of proportionality, as reinforced by recent case law of the ECJ, and align with specific legislation such as the EU General Data Protection Regulation and recently enacted EU Digital Services Act.
 It is extremely important to investigate the possible consequences of acting against fundamental rights that are attributed to European citizens (and not only), such as the right to privacy and the protection of personal data. The paper aims to provide relevant and further insight to paths that lead to a fair way to handle such relevant information.
 Every citizen, every academically inclined and dedicated individual, every public official, every judicial agent, must question whether the public interest can ever, or at least, recurrently, surpass a fundamental right to privacy, specially, in a sensible area as the financial information of an individual. Such actions can often lead, if mistakes are made along the way, to dangerous outcomes, such as public humiliation, and can even harm the person’s professional and personal life.
 Methodology. In the course of the paper, an analysis is made of public decisions taken in cases across the European continent. Additionally, some considerations are made about the recent legislation that is produced by competent authorities, particularly the European Institutions.
 Results of the research. The authors offer a personal insight regarding the information that has been gathered, confirming some significant concerns. What is of crucial importance, as stated in the title of this article, is a well established balance between the public interest and the protection of privacy, with explained and defined possible paths to follow.