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Filippo Noseda discusses FATCA in Tax Notes

Posted on 22 September 2020

Filippo Noseda, Partner in the Private Tax & Wealth Planning team, has been interviewed by Tax Notes on Jenny's case.

Tax Notes wrote:

"In September 2019 a U.K. citizen who was born in the United States started a crowdfunding campaign to finance a legal challenge to HM Revenue & Customs’ attempt to share her personal and financial information with the Treasury Department under FATCA. The woman, who identified herself as “Jenny,” claimed that providing information to U.S. authorities would violate her rights to privacy and data protection, breach the EU’s General Data Protection Regulation (GDPR), and expose her to hackers. She also said FATCA makes it difficult for British citizens born in the United States to open and maintain bank accounts in the United Kingdom."

Filippo also raised his concerns about Data protection saying that "he had access to internal documents indicating that the European Commission in the past had “worrying” data protection concerns about providing information to the U.S. Treasury and the IRS. “The commission even requested an opinion from the European data protection working party, which materialized on June 21, 2012,” he said in an email. “However, by that time, the U.K. had decided to jump the gun, and when the U.K. signed the first [intergovernmental agreement] on September 12, 2012, the official party line became ‘level playing field.’ Thus, all EU member states were encouraged to sign up to the IGAs for reasons of political convenience and ignoring the commission’s own concern.”

Read the full article here.

Further information

To find out further information on the data protection work by Mishcon de Reya and to read their correspondence to data protection authorities, click here.

To see the full list of hacking and data breaches recorded by Mishcon de Reya, click here.

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