ECtHR DECIDES PUBLICATION OF THE PERSONAL DATA BY TAX AUTHORITY IS NOT A VIOLATION OF PRIVACY RIGHTS

15.01.2021

The European Court of Human Rights (the “Court” or “ECtHR”) published the judgment on 12.01.2021 on the case L.B. v Hungary (App No. 36345/16) relating to allegations of the publication of the applicant's personal data in a list of tax defaulters on the Tax Authority's website.

According to the application to the ECHR, the applicant's argued that on the basis of Article 8 on right to respect private and family life of the European Convention on Human Rights (“Convention”), the publication of such personal data, including the name, address, and tax identification on the tax defaulters list had not been necessary.

The Court firstly highlighted that the private life also includes activities of a professional or business nature or the right to live privately, away from unwanted attention and the protection of personal data is of fundamental importance to a person’s enjoyment of his or her right to respect for private and family life, as guaranteed by Article 8 of the Convention.

However the Court decided in its decision that the publication of the applicant's personal data was mandatory processing under the Tax Administration Act and therefore, the right to erase such data from the website under the pre-GDPR data protection law was not applicable. Moreover, it has been stated that considering the fact that the publication was designed to secure the availability and accessibility of information in the public interest, and the limited effect of the publication on the applicant’s daily life, the Court decided that the publication fell within the respondent State’s margin of appreciation.

Therefore, the ECtHR found that there was no violation of Article 8 of the Convention.

You can find the text of the judgment here.

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Kind regards,

Zumbul Attorneys-at-Law

info@zumbul.av.tr