Government wants to limit internal access to data of taxpayers – publico

                 

                         
                     

                         

                 

 
                         

After identifying the major flaws in the protection of tax secrecy of taxpayers, the Tax and Customs Authority (TA) has until June 19 to map out a plan to control the access of tax officials. The government wants to pass the query to be justified and grounded for each worker. The idea is to bring the computer mechanisms of procedures for access to the E-Invoice data, the query is restricted to a smaller group of AT staff. The measure is, however, to generate confusion with the representatives of the employees, who fear that a barrier is created in access to information, especially for those who make tax inspection.

                     

                          The guidance came from the Secretary of State for Fiscal Affairs, Paulo Nuncio in an order signed on Tuesday, the same day they were published the findings of the investigation of the Finance Inspectorate (IGF) to the case of VIP list . In its order, that the PUBLIC had access, the ruling establishes six priorities, among them, ensure that “access to personal data held by taxpayers internal users are justified and substantiated with particular reference to the procedure already adopted in the design and implementation of the E-invoice system. “

The president of the Trade Union Association of Professionals of the Tax and Customs Inspectorate (PATI), Nuno Barroso, considers it necessary to discuss the creation of different profiles on access to information tax, “according to the functions that each employee performs, regardless of race and the title that everyone has.” But it stresses that this is different from the procedure that now exists to protect access to the E-Invoice bases, the computer system, validated by the National Data Protection Authority (DPA), which contains the invoices submitted by companies (or taxpayer) .

In the order, the Secretary of State for Fiscal Affairs identifies as one of the problems to be addressed that there is no prior registration to “legitimize and justify access to data by the taxpayers about 11 thousand internal users, without the same are duly authorized, particularly for higher determination or administrative act “. The orientation of the ruler is, however, not clear as to how it should develop this control.

The president of PATI, create a system in which access must be justified will cause difficulties. “Forcing a systematic record may create some obstacles in the fast way intended to AT work. Would create, especially in inspecting careers, a barrier that would be incomprehensible to access information. ” Nuno Barroso also points out what it says is the danger of restricting the scope of employee activity. “Within the AT espoletadas were some of the most complex investigations the past two decades. These transactions were carried out with a free access. If we restrict it to small groups of people, hardly ever return to have a Hurricane operation in the country. “

What PATI proposes instead are types of computer profile but without the users need a prior record: “If I’m an inspector and secretarial service, maybe I do not need to have the same permissions as an inspector with the same title but is a research tool”

In the document, Paul. nuncio asks the managing director of TA, Helena Borges, to follow up its recommendation to the IGF that evaluate “all acts, facts and relevant statements” of employees and tax authorities of the leaders with responsibilities in case of VIP list to be considered any disciplinary procedures. The AT is also responsible for reviewing hiring external entities with access to tax authorities databases and create certification mechanism and computer audit. The action plan must respect the recommendations of the IGF and the CNDP, to which AT has to give notice of these measures by the end of September.

228 issued alerts
The president of the Union of Taxation Employees (STI), Paul Ralha, which considered the report of the IGF “is not free, nor suitable” for the fact that it would be governed by the Minister of Finance, completely rejects any restrictions system access. “This will make it impossible to control home [tax authority] to do any serious research in terms of combating fraud and tax evasion,” says Paul Ralha, adding that “there is absolutely no tradition of breach of tax secrecy, all processes which indicated wanton being filed. “

In about five months he spent working (between 29 September 2014 and 10 February this year), the system designed by AT to detect who acceded to data tax the VIP list of contributors generated 228 alerts, completed the IGF in the report that the PUBLIC consulted. The audit does not indicate, however, whether such access led to the breaking of tax secrecy. Concerns that were brought 33 disciplinary proceedings that resulted, not from warnings VIP system, but the investigations made by AT after the i newspaper had published on 26 September last year Passos Coelho tax data.