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wiki:contents:fatca:aus_fatca_implementation [2018/05/09 22:32] – [Resources:] added link to IGA text karen | wiki:contents:fatca:aus_fatca_implementation [2019/02/14 07:27] – [Parlimentary Review & Legislation] carl |
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=== Privacy Considerations === | === Privacy Considerations === |
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FIXME No Privacy Impact assessment was done on the FATCA implementing legislation even though recommended by the Privacy Commissioner, Office of the Australian Information Commissioner (OAIC) - Item 26 of [[https://www.oaic.gov.au/engage-with-us/submissions/intergovernmental-agreement-to-implement-fatca|OAIC Submission to Treasury on Intergovernmental agreement to implement FATCA]] | FIXME No Privacy Impact Assessment (PIA) was done on the FATCA implementing legislation even though recommended by the Privacy Commissioner, Office of the Australian Information Commissioner (OAIC) - Item 26 of [[https://www.oaic.gov.au/engage-with-us/submissions/intergovernmental-agreement-to-implement-fatca|OAIC Submission to Treasury on Intergovernmental agreement to implement FATCA]]. Correspondence with Treasury as part of an unsuccessful FOI request, clarified that OAIC’s submission only suggested that Treasury complete a PIA on FATCA meaning there was therefore no legal requirement for Treasury to do-so. However, the privacy implications and the OAIC’s submission were subsequently discussed in the Regulation Impact Statement prepared by Treasury. |
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When looking at Privacy impact of FATCA, we should also be looking at CRS as similar privacy concerns exist. The [[https://www.ato.gov.au/law/view/document?DocNum=0000080940&PiT=20160331000000&FullDocument=true|Explanatory Memorandum]] includes a section on Human Rights which talks about privacy, but nothing from the Privacy Commissioner. | When looking at Privacy impact of FATCA, we should also be looking at CRS as similar privacy concerns exist. The [[https://www.ato.gov.au/law/view/document?DocNum=0000080940&PiT=20160331000000&FullDocument=true|Explanatory Memorandum]] includes a section on Human Rights which talks about privacy, but nothing from the Privacy Commissioner. |
[[https://treasury.gov.au/tax-treaties/intergovernmental-agreement/|FATCA IGA text and MOU]] | [[https://treasury.gov.au/tax-treaties/intergovernmental-agreement/|FATCA IGA text and MOU]] |
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[[http://www.aph.gov.au/~/media/Committees/Joint/Treaties/13May2014/fatca_nia.pdf | [[http://ris.pmc.gov.au/sites/default/files/posts/2014/05/08_RIS_accessible.pdf |
|FATCA Regulation Impact Statement (2014) - Summarises Treaty and Consultation]] | |FATCA Regulation Impact Statement (2014) - Summarises Treaty and Consultation]] |
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| [[https://www.legislation.gov.au/Details/C2014A00067|Tax Laws Amendment (Implementation of the FATCA Agreement) Act 2014]] |
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[[https://www.legislation.gov.au/Details/C2014B00107/Explanatory%20Memorandum/Text|Explanatory Memorandum - TAX LAWS AMENDMENT (IMPLEMENTATION OF THE FATCA AGREEMENT) BILL 2014]] | [[https://www.legislation.gov.au/Details/C2014B00107/Explanatory%20Memorandum/Text|Explanatory Memorandum - TAX LAWS AMENDMENT (IMPLEMENTATION OF THE FATCA AGREEMENT) BILL 2014]] |
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[[http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=MajorSubjectId_Phrase%3AHR1%20SearchCategory_Phrase%3A%22publications%22;rec=0|Background report on FATCA]] by Hannah Gobbett and Bernard Pulle for Parliamentary Information Service | [[http://parlinfo.aph.gov.au/parlInfo/search/display/display.w3p;query=MajorSubjectId_Phrase%3AHR1%20SearchCategory_Phrase%3A%22publications%22;rec=0|Background report on FATCA]] by Hannah Gobbett and Bernard Pulle for Parliamentary Information Service |