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wiki:contents:fatca:aus_fatca_implementation [2018/11/23 15:40]
karen [Resources:]
wiki:contents:fatca:aus_fatca_implementation [2019/02/14 07:29] (current)
carl [Parlimentary Review & Legislation]
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 === Privacy Considerations === === Privacy Considerations ===
  
-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  [[http://​ris.pmc.gov.au/​sites/​default/​files/​posts/​2014/​05/​08_RIS_accessible.pdf|Regulation Impact Statement]] prepared by Treasury. ​
  
 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.
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 [[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]]
  
-[[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]]
  
wiki/contents/fatca/aus_fatca_implementation.1542951653.txt.gz · Last modified: 2018/11/23 15:40 by karen
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