The European Court of Human Rights (EHRM) on 8 January 2026 decided in the Ferrieri and Bonassisa case [*] that the excessive access to bank account data by the Italian tax authorities violates Article 8 of the Convention.

The abstract:

Art 8 • Private life • Access and examination of applicants’ banking data, including bank account information, transaction histories, and other financial operations related to or traceable to them, by the Tax Authority for tax audit purposes • “Quality of law” requirements not met • Legal framework afforded domestic authorities unfettered discretion with regard to contested measures’ scope and conditions • Lack of sufficient procedural safeguards • Contested measures not subject to an effective ex post judicial or independent review • Interferences “not in accordance with the law” Art 46 • General measures • Systemic problem • Respondent State to bring its legislation and practice into line with Court’s findings • Need for specific rules in domestic law, indicating circumstances in which and conditions on which the domestic authorities were allowed to have access to taxpayers’ banking data, providing for effective judicial or independent review, and taking into account the context of international cooperation between tax authorities

Er is in Nederland over geschreven door onder andere Bijzonder Strafrecht, NL Fiscaal, EHRC Updates, De Bont en Hertoghs.

[*] Case of Ferrieri and Bonassisa v. Italy, applications nos. 40607/19 and 34583/20: the judgment.