HMRC challenged over CRS information exchange rules

An EU national has made a complaint to the UK Information Commissioner’s Office about HMRC and the UK’s adoption of the common reporting standard (CRS) on the basis that her privacy and data protection rights are being infringed. Some parallels can be drawn with the successful challenge to the EU Data Retention Directive on grounds that it was not compatible with the fundamental rights to privacy and the protection of personal data set out in the EU Charter of Fundamental Rights. However, the position in relation to CRS can be distinguished in various respects, such that it would not appear as soft a target as the Data Retention Directive. Nevertheless, if successful, the challenge would strike a major blow to CRS and potentially stem the tide of other broad transparency measures involving personal data, at least within the EU.