Enforcing jurisdiction
Belgium · Geography does not establish applicable law.
Confirmed applicable legislation
Privacy topics

FOD Financiën – Dismissed (Belgium, 2022)

Dismissed
Autorité de Protection des Données17 June 2022Belgium
final
Dismissed

Privacy enforcement record

This record is classified outside cookie consent. Subject classification does not confirm an applicable law. It is not included in cookie statistics or the Risk Calculator.

The Belgian Data Protection Authority dismissed a complaint from a tax advisor who claimed his personal data was unlawfully processed during a tax investigation. The authority found that the advisor's interest in the case was purely commercial and did not meet the necessary criteria for a valid complaint. This decision highlights the importance of having a legitimate interest when filing complaints about data processing.

What happened

The Belgian tax authority used a tax advisor's criminal records in an investigation without his consent.

Who was affected

The tax advisor and his customers, whose personal data was involved in the investigation.

What the authority found

The authority ruled that the tax advisor did not have sufficient interest to file a complaint regarding the processing of his personal data.

Why this matters

This case emphasizes that not all complaints about data processing will be accepted, especially if the complainant's interest is deemed commercial. It serves as a reminder for individuals to understand the criteria for filing complaints.

Recorded legal citations
Automatically processed
View original scraped data
Art. 2(1) GDPR
Art. 4(1) GDPR
Art. 4(6) GDPR
Art. 55(3) GDPR
Art. 57(1)(a) GDPR
Art. 57(1)(f) GDPR
Art. 57(1)(v) GDPR

Original imported citations before automated processing; the processing history does not establish independent verification.

Source checks

Linked-source text retrieved.

Automated check recorded — 18 March 2026.

Processing notes: articles corrected, national law identified.

Retrieved text may be a secondary summary or an announcement. These automated statuses do not establish that the original decision was read or that the record received an independent legal review. How we check sources

Full Legal Summary
Detailed

The controller is the Belgian tax authority (Algemene Administratie van de Bijzondere Belastinginspectie). The complainant provides tax advice services. The data subjects are (1) the complainant (hereinafter: Tax Advisor) and its (2) customers (hereinafter: Customers). The Tax Advisor was involved in a criminal investigation into tax fraud, forgery of documents, and the use of false documents. The investigation was still pending when the DPA issued the decision. The controller used the Tax Advisor’s criminal records for an investigation into tax evasion of his Customers. These documents only contained personal data of the Customers. The controller’s notice to the Customers of the investigation contained the Tax Advisor’s personal data (full name; address; data of birth). The Tax Advisor issued a complaint with the DPA for unlawful processing of personal data. He stated that it damaged his reputation and breached his clients' confidentiality, which cost him customers. Regarding the data from his criminal records, the Tax Advisor stated that it did relate to him because (1) he processed it in the context of his independent professional activity and (2) it was obtained from his criminal records. He further argued that customer data is covered by professional secrecy and thus cannot be processed for tax purposes. The controller stated that the notice to the Customers, on its own, did not fall under the definition of 'filing system' under Article 4(6). Therefore the GDPR was not applicable. The DPA noted that a complaint by someone other than the data subject can be admissible if they have a sufficient interest (Article 58 WOG). Sufficient interest is present if the complainant's interest in some way relates to the interest of the data subjects (mere commercial interest is not enough). The DPA found that the Tax Advisor's interest was purely commercial and thus, not sufficient. The DPA also disregarded the Tax Adviser's argument that the data obtained from hi

Outcome

Dismissed

The complaint or investigation was dismissed.

Related Enforcement Actions (0)

No other enforcement actions found for FOD Financiën in BE

This is the only recorded action for this entity in this jurisdiction.

Details

Decision Date

17 June 2022

Authority

Autorité de Protection des Données

About this data

Data: GDPRhub (noyb.eu)
Licensed under CC BY-NC-SA 4.0
Automatically normalized and classified

Cite as: Cookie Fines. FOD Financiën - Belgium (2022). Retrieved from cookiefines.eu

Report Inaccuracy

Last updated: