Commissioner for Information of Public Importance and Personal Data Protection has sent today to Tax Administration of the Republic of Serbia a warning for delivering tax decisions and enactments, so that on the shipment besides the name, family name and taxpayer's address unique citizens' identification number is also visible (UCIN), which is an act against the provisions of the Personal Data Protection Act.
The Commissioner requested from Tax Administration to be informed within 15 days about what has been undertaken regarding elimination of those irregularities, due to possible undertaking of further measures from the Commissioner's competence.
The Commissioner Rodoljub Sabic warns that such practice is not specific only to Tax Administration, and appeals to all other subjects to give it up. In relation to that, he has also stated the following:
„Supervision which has been implemented according to official duty based on calls from several citizens showed that Tax Administrative Decisions are sent in two types of envelopes. Some are completely closed and on them only address, name and family name of the taxpayer is visible, but some decisions are sent in envelopes with transparent window through which besides the name, family name and address one can also see the taxpayer’s UCIN. Besides that, some tax enactments are sent after three-fold bending, they are affixed and sent without envelopes, and UCIN can also be seen on them.
The quoted is contravening one of the basic personal data protection provisions, deriving from the provisions of Article 8 points 6 and 7 of the Personal Data Protection Act. This is about the proportionality principle meaning that it is permitted to use, that is, to process only those data which are obviously needed and adequate for achieving the purpose of processing. In order for the tax enactment to reach the taxpayer’s address, it is obviously sufficient to write the name, family name, name of the street, home number, and if necessary the apartment number. UCIN data is completely unnecessary for that purpose and its visible underlining is not only in abstract opposition with the legal provisions, but also means unnecessary but serious risks of violating privacy and of possible abuses.
Therefore it is important that the Tax Administration, but also all those acting in a similar way, immediately give up such a practice.“
