Starting with the 17th of May 2016 the National Supervisory Authority for Personal Data Processing decided to carry out an ex officio inspection to Agenţia Naţională de Administrare Fiscală – A.N.A.F. (National Agency for Fiscal Administration) following the publication on the 16th of May 2016 on the Internet of the list of 187230 contributors – natural persons with outstanding payment larger than 1500 lei up to 31st of March 2016.

After concluding the inspection, on the 23rd of May 2016, the national supervisory authority ascertained the following:

The “illegal processing of personal data”, provided by Article 32 of Law no. 677/2001 by breaching Article 4 (1) (a) and (d) because Agenţia Naţională de Administrare Fiscală processed and published on another website rather than its own, contrary to the provisions of the Fiscal Procedure Code and ANAF Order no. 558/2016, further amended, a list of the natural persons that did not pay the outstanding fiscal obligations, list organized depending on the larger amount of the debts and the data was not accurate and up-to-date when they were published (the 16th of May 2016) according to the real situation of paying the debts by certain natural persons from that list;

The “illegal processing of personal data”, provided by Article 32 of Law no. 677/2001 by breaching Article 4 (1) (a) and (d) because Agenţia Naţională de Administrare Fiscală did not ensure the complete information of the persons whose personal data were published on the 16th May 2016 nor through the prior notification sent through mail neither through the information posted on the website of ANAF, according to the findings.

For these offences, the following sanctions were applied:

a fine of 11000 lei based on Article 32 of Law no. 677/2001, with regard to Article 4 of Law no. 677/2001, corroborated with Article 5, Article 6 and Article 8 of G.O. no. 2/2001;

a fine of 5000 lei based on Article 32 of Law no. 677/2001, with regard to Article 12 of Law no. 677/2001, corroborated with Article 5, Article 6 and Article 8 of G.O. no. 2/2001.

As a consequence, the national supervisory authority sanctioned Agenţia Naţională de Administrare Fiscală with a contravention sanction of 16000 lei for the infringement of the provisions of Law no. 677/2001.

A.N.S.P.D.C.P.
24.05.2016