The Supreme Court annulled a fiscal regulation that had allowed the Tax Administration Service to use its databases to verify user identity for private companies. This decision protects citizens’ privacy by ruling that the state cannot authorize third parties to access sensitive personal data without explicit consent. The ruling emphasizes that privacy rights require strict scrutiny, preventing the government from sharing such information for commercial or administrative benefits outside the taxpayer’s direct relationship with the authority. Regarding open data, this verdict highlights the critical distinction between verifying digital certificates and accessing biometric identity data. It establishes that while digital signatures can be validated, the broader verification of personal identity by external entities is unconstitutional unless clearly defined by law. This reinforces the principle that personal information must remain protected, limiting how much data tax authorities can share or make available for automated public verification systems. This case is relevant to open data because it defines the legal boundaries of sharing administrative records. It warns that releasing detailed personal identifiers through open portals could violate fundamental rights. Consequently, any initiative to open government data must include robust safeguards, ensuring that only non-sensitive, aggregated, or explicitly consented information is published. This protects both individual privacy and the integrity of public data ecosystems by preventing the misuse of sensitive taxpayer records.
Source:Published on 2023-05-30
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