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Does FATCA breach data protection? Jenny goes to court

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US-born British citizen ‘Jenny’ filed a claim against HMRC before the High Court seeking a declaration that the processing of her personal data in the context of UK FATCA breached her fundamental rights under the EU data protection directive, the Data Protection Act 1998 and the General Data Protection Regulation (GDPR). HMRC has indicated its intention to fight her claim. However, recent events in the US surrounding a domestic version of FATCA raise serious questions about the data protection repercussions of a system of automatic exchange of information that was introduced against the advice of data protection authorities and notwithstanding the protestations of the UK and European banking industry.

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