Finance with access “illegal” the balance of bank accounts – RTP

Starting next year, the Tax Authority will now have access to bank accounts of residents in Portugal, even without suspicion or tax offense charges. The issue of Wednesday the Journal News account that the National Commission for Data Protection (NCDP) considers this unconstitutional prerogative.

The opinion of the National Commission Data Protection dated July 5 Understanding that access to the balance of accounts is “information
 useful “in assessing the risk of tax evasion” is not enough “to
 justify widespread access by the tax authorities, understands the ICPD. , and states that the draft of the Government, which has already been sent to the CNDP, into question “bank secrecy from the state” decisively.

The Commission also refers to a decision of the European Court of Justice sees it as “unnecessary and excessive” access and general processing of personal data without suspicion or accusation of “serious offenses”.

DPA specifies that access to bank accounts in these terms would be a “clear violation” of paragraph 2 of Article 18 of the Constitution, which states that “the law may only restrict rights, freedoms and guarantees in cases expressly provided by the Constitution, restrictions shall be limited to the extent necessary to safeguard other constitutionally protected rights or interests. ”
Having regard to the opinion of the now known Data Protection Commission, the Ministry of Finance keeps silent and not
 indicates whether or not to change the bill before it passes the
 Decree-Law.

 Adds the Data Protection Commission to the entry into force of the standard is “a definite debauched life of each, clearly excessive.”

The ICPD understand even if “it is doubtful that, with the widespread knowledge of the account balances, one can still say that there is banking secrecy in Portugal.”

Journal News today cites taking a tight position by consumer associations, notably the DECO.

Ernesto Pinto, the Association for Consumer Protection, even says that “allow all or any data is accessed by the Finance, even when there is suspicion of tax evasion, is a violation of the Constitution.”