On Thursday 24 April, the Belgian Data Protection Authority (DPA) decided to prohibit the Federal Public Service Finance (FPS Finance) from transferring personal data to the US tax authorities (IRS) under the ‘Foreign Account Tax Compliance Act’ (FATCA) intergovernmental agreement aimed at combating tax evasion (see EUROPE 13373/17).
In December 2023, the Brussels Court of Appeal overturned the DPA’s decision to prohibit the transfer of the tax data to the US and remitted the case on the grounds that the DPA’s Litigation Chamber had not given sufficient grounds for not following the DPA’s inspection report, which had concluded that the data transfers were lawful (see EUROPE 13319/18). The DPA has thus once again confirmed that these transfers are in breach of the European General Data Protection Regulation (GDPR).
The Association of Accidental Americans (AAA), which represents people who have US nationality because they were born in the United States but have no connection with the country, welcomed the decision. However, it regrets that the DPA has given the FPS Finance a one-year deadline to comply. As a result, transfers in July 2025 could still take place, despite their recognised illegality. “Data protection cannot accommodate a political or administrative timetable. Transfers must cease immediately”, said Fabien Lehagre, President ofAAA, in a press release.
The AAA calls on France and all EU Member States to immediately suspend the application of FATCA, in compliance with European law. (Original version in French by Anne Damiani)