Mass publication of personal tax information can be banned, the ECHR holds

On June 27, 2017, the Grand Chamber of the European Court of Human Rights (“ECHR”) issued its judgment in the case of Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland (application no. 931/13) holding that the publication of personal tax information does not violate Article 10 (freedom of expression) of European Convention on Human Rights.

After two Finnish companies published the personal tax information of 1.2 million people, the Finnish authorities ruled that such wholesale publication of personal data was unlawful under data protection laws, and barred such mass publications in the future. The companies complained to the ECHR that the ban violated their right to freedom of expression.

Even though the ECHR held that the ban had interfered with the companies’ freedom of expression, it did not violate Article 10 because it was in accordance with the law, it pursued the legitimate aim of protecting individual privacy, and it was a fair balance between the right to privacy and the right to freedom of expression. In particular, the ECHR agreed with the conclusion of the Finnish courts, that “the mass collection and wholesale dissemination of taxation data had not contributed to a debate of public interest, and had not been for a solely journalistic purpose.”

More information on Satakunnan Markkinapörssi Oy and Satamedia Oy v. Finland (application no. 931/13 is available at http://hudoc.echr.coe.int…

The press release of the judgment is available at http://hudoc.echr.coe.int…

 

For more information about how privacy is implemented in Europe, contact Francesca Giannoni-Crystal & Federica Romanelli.

 

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