Combatting Offshore Tax Evasion After Brexit EmilDuvessa SondajBandeen, Han Juliette Bowen, Mark O’Brien, Will Melling and Zeki Dolen Emil Sondaj Hansen,
that ‘any interference with an individual’s right to privacy has to comply with the same requirements of legality, legitimate interest, and proportionality’.202
However, the EU Data Protection Supervisor’s statement is made in the context of EU caselaw on privacy, and the ECHR. The UK finds itself in a unique position post-Brexit. Most of the criticism of the CRS from lawyers interested in the right to privacy either relies on constitutional rights to privacy, such as in Liechtenstein203 or France204, or on the ECHR. However, the UK has no common law nor constitutional right to privacy – and if the right to privacy enshrined in the ECHR is replaced by a British Bill of Rights, then there is a risk that those whose data is abused through the CRS will be left without recourse.
Given the OECD’s importance in global tax governance, a UK multilateral approach must necessarily engage with the OECD’s CRS. The UK ought to contribute to its development, for instance by pushing for the US to participate. However, there are serious concerns about privacy that the UK ought to raise.
III.III TAX EVASION AND THE RISE OF THE DEVELOPING WORLD Given the before-mentioned common narrative about the OECD, as being a ‘rich countries’ club’, it is imperative for any multilateral strategy to consider developing countries. The section concludes with an analysis of the major trends in combatting tax evasion in the developing world.
202
Filippo Noseda, ‘Common Reporting Standard and EU Beneficial Ownership Registers: Inadequate Protection’ (2017) 23(4) Trusts and Trustees 409. 203 Hannes Arnold and Sophie Herdina, ‘Implications of the Common Reporting Standard for Liechtenstein Foundations and Trusts’ (2019) 25(6) Trusts and Trustees 682. 204 Arnaud Talifer and Stephanie Auferil, ‘Register of Trusts and Privacy: French Case Law in Perspective’ 24(1) Trusts and Trustees 968.
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www.thewilberforcesociety.co.uk
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February 2021
