HMRC challenged over CRS information exchange rules

This article first appeared in the 14 September 2018 edition of Tax Journal who have agreed to Simmons & Simmons making it available on elexica.

Hatice Ismail’s article for Tax Journal explains that an EU national has made a complaint to the UK Information Commissioner's Office about HMRC and the UK's adoption of the common reporting standard (CRS) on the basis that her privacy and data protection rights are being infringed. The article draws some parallels with the successful challenge to the EU Data Retention Directive on grounds that it was not compatible with the fundamental rights to privacy and the protection of personal data set out in the EU Charter of Fundamental Rights. The article points out that, whilst the CRS may not be as soft a target as the Data Retention Directive, if successful, the challenge would strike a major blow to CRS and potentially stem the tide of other broad transparency measures involving personal data, at least within the EU.

To read the article in full, click here.