The Council of State has just validated the experiment carried out by the Tax Department and customs since 2020. It consisted of monitoring social networks such as Facebook or Twitter and certain merchant sites between individuals such as BonCoin to track down possible fraud.
Remember, in November 2019, we mentioned in our columns this new controversial measure consisting in the mass surveillance of social networks by the Tax Department and customs. An experiment validated by the deputies via the adoption of article 57 of the finance bill for 2020.
After the agreement of the National Assembly, an implementing decree was published in February 2021 to set the terms of this experiment. Here is what it says: “Tax administrations as well as customs can, by means of computerized processing, mass collect data made public on social networks and electronic networking platforms”.
In other words, customs and the Fics can since 2020 scrutinize your photos on Facebook, on Twitter and watch the products you sell on the BonCoin to unearth any inconsistencies with your statements such as a swimming pool or an undeclared second home.
Of course, this measure is perceived by associations for the defense of freedoms on the net as being deeply liberticidal. Besides, la Quadrature du Net has decided to seize the Council of State in 2021 with the aim of canceling this experiment and having the text censored.
The Council of State authorizes the surveillance of social networks by the Tax Department
However, we have just learned that the high court has just rendered its verdict on July 22nd. To the chagrin of the association, the Council of State has decided to side with the government. In other words, no cancellation or suspension of social media monitoring by customs and tax authorities.
On the contrary, this practice will probably be perpetuated thanks to the vote of the next finance law of 2022. The Eastern Council considered “that authorized data collection can only relate to content that is freely accessible”. In addition, the institution assured that the technical implementation of the device did not allow “contrary to what is claimed, a generalized and undifferentiated collection of personal data during the learning and design phase”.
Without surprise, la Quadrature du Net denounces this decision of the Council of State, which allows the sustainability of the device. “Politically, if you look at everything that is done in terms of surveillance, something that is experimental for a limited period of time is written into the legislative marble a few years later”, assures Bastien le Querrec of La Quadrature du Net.
Source: EURACTIV