Michalis Hadjipantela MEP (EPP, Cypriot) paid particular attention to data protection in his draft report, published on Tuesday 17 February, on the proposal for a regulation giving the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF) access to information relating to value added tax (VAT) at EU level.
Proposed in November by the European Commission, this proposal for a Council Regulation aims to strengthen cooperation on cross-border VAT fraud through the exchange of information and wider access to VAT data (see EUROPE 13752/16, 13754/2). In November 2023, MEPs called for this measure to be adopted (see EUROPE 13298/11), which had been called for by Laura Kövesi, Chief Prosecutor of EPPO (see EUROPE 13152/21).
According to the explanatory memorandum, Mr Hadjipantela followed the recommendations of the European Data Protection Supervisor (EDPS) in drawing up his report, thereby ensuring “full compliance with the principles of purpose limitation and data minimisation”. More specifically, the amendments specify the categories of data to which access may be granted and ensure that such access is strictly limited to what is necessary for EPPO and OLAF to carry out their respective tasks. Untargeted searches would then be impossible, as all access would be linked to a specific investigation or prosecution and to an identified authorised user. “Access to VAT information remains proportionate, targeted and fully compliant with data protection principles”, he argued.
The rapporteur also felt that EPPO and OLAF should be given adequate financial resources to “support the necessary infrastructure and technical tools required to guarantee such secure and effective access to VAT information”. “Strengthening operational capacities must therefore accompany the reinforced legal framework to ensure both effectiveness in combating VAT fraud and full compliance with data protection requirements”, he argued.
Read the draft report: https://aeur.eu/f/kup (Original version in French by Anne Damiani)