An Advocate General of the Supreme Council said that the Tax authorities should not use traffic cameras to investigate taxpayers. This is in his opinion at the highest court in our country.
According To Advocate General Nadarajan, the tax authorities infringe the right to privacy.
According to him, The Tax administration is guilty of systematic and permanent recording of the photo data. This should not be allowed, even though the photographing of people in the public space according to Nadarajan is in principle permitted.
Also, the Tax authorities cannot invoke the law for these practices, the Advocate general states. This does not show that the tax authorities have the power to use the camera data to actively investigate taxpayers.
Lease
Nadarajan gives its opinion in a case between a worker who is a car least and the Tax office. The employee delivered a request form and administration of his journeys to the tax authorities for his lease car. But The tax inspector has, based on photos taken by traffic cameras said that the administration is not correct, because the car is signaled in more places than indicated.
Guido de Fur, lawyer of the Leaser, believes in the case of his client and does not think that the High Council will reject the advice of Nadarajan. ,, The Dutch Court does not have a lot of room to depart from the advice, especially since the higher European court is the same. "
The Fur does say that it remains to wait for what the Supreme court is saying. His colleague Annabel Vissers points out that this can be a pronunciation with far-reaching consequences. ,, If the advice is followed, any evidence collected through this method may not be used by the Tax authorities. This also applies to all other things that are still running. In it the camera proof becomes also at one time unusable. Then the question arises as to whether there is still enough evidence to sustain the attacks. '
Source www.ad.nl
