The name, surname, domicile, personal numerical code of a person are personal data within the meaning of the law no. 677/2001 on the protection of individuals with regard to the processing of personal data and the free circulation of such data.
The ANAF uploading on a publicly accessible web page of personal data to natural persons having debts of more than 100 lei is the processing of personal data by automated means.
In order to be lawful, any processing of personal data, except for prohibited or special regulations, may be carried out only if the data subject expressly and unequivocally consents to that processing.
The consent of the data subject would not be necessary if ANAF were to justify a public interest or a legitimate interest in the processing of such data.
However, given that individuals represent only 3.5% of the total arrears registered with ANAF, the reduced impact of individuals’ incomes excludes any justified public interest.
Regarding the invocation of a legitimate interest in this processing, we consider that it does not exist because such a legal provision is contrary to Art. 8 of the European Convention on Human Rights, and according to art. 20 of the Romanian Constitution, the treaties on the fundamental human rights to which Romania is a party have priority over internal laws.
According to art. 8 of the European Convention on Human Rights, everyone has the right to respect for his private life. The interference of a public authority in the exercise of this right is not allowed unless it is provided by law and constitutes, in a democratic society, a measure necessary for national security, public security, economic well-being of the country, defense of order and prevention of deeds criminal, protection of health, morals, rights and freedoms of others.
That is, in order for the measure to be “necessary” there should be a stringent social need and the measure to be proportionate to the legitimate aim pursued.
But, as the impact of individuals is only 3.5% of the total arrears registered with ANAF, it seems that disclosure of personal data will not help increase the country’s “economic well-being”.
If the violation occurs, any person concerned has the right to oppose, by written request, dated and signed, at any time for legitimate and legitimate reasons related to his / her particular situation, that the data he / she intends to object to . In the case of justified opposition, the processing can no longer refer to the data in question.
