Tax official Santa Garancea, head of the Latvian Tax Assistance Authority (VID), detailed on TV24 the means and rationale behind the agency's ability to gain access to citizens' mobile devices

Tax official Santa Garancea, head of the Latvian Tax Assistance Authority (VID), detailed on TV24 the means and rationale behind the agency's ability to gain access to citizens' mobile devices

In the heart of the Baltic region, the Latvian Tax Assistance Authority (VID) has found itself at the centre of a storm, with concerns over its practices regarding phone data access. The controversy began when it was revealed that the VID has been using Cellebrite software, a tool that enables the extraction and analysis of financial information and electronic records from iOS and Android devices during targeted control measures.

The VID justifies its actions as a means to combat tax evasion and the shadow economy. However, its approach raises questions about the right to privacy and protection from unauthorized interference, as enshrined in the Universal Declaration of Human Rights (1948), article 12, and the International Covenant on Civil and Political Rights (1966) article 17.

The VID's practices have been criticized for lacking external oversight or public criteria for determining when phone access is warranted. Moreover, the authority has not addressed concerns about the lack of society's consent for its phone access practices. The Director of the VID, Santa Garancea, has not disclosed who decides that a case is "big enough" for phone access.

The VID's actions seem to disregard the right to privacy, including protection from unauthorized interference and the confidentiality of correspondence, telephone conversations, and emails. The authority only accesses phones if the amount in question is large enough to warrant the expense, a point that has been used to justify its actions as a tool of economic expediency.

Latvian officials have provided an explanation that does not address the violation of fundamental human rights. Their reassurance raises questions about the democratic nature of the country, as it suggests that the interests of the state may be prioritized over human rights, implying an exception to the rule.

The VID's use of Cellebrite is intended to improve tax compliance and gather evidence from electronic devices implicated in tax offenses. However, public concern exists regarding expanded surveillance powers, especially with measures like receiving bank data on large cash deposits and withdrawals. The VID and Ministry of Finance have emphasized that not all transactions or data obtained are scrutinized, focusing resources only on suspicious cases.

As an EU member state, Latvia is subject to the GDPR and related data protection laws which regulate such data processing. These regulations require that any processing of personal data, including phone data extraction, must comply with principles of lawfulness, necessity, proportionality, and respect for fundamental rights. The specifics of oversight and judicial authorization in VID's case are not explicitly mentioned in the available data.

Privacy has been largely erased as a phenomenon in the Baltic States, but it has been avoided discussing it publicly until now. The European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), to which Latvia is a signatory, applies to Council of Europe countries. The convention emphasizes the importance of privacy and the protection of personal data, raising further questions about the VID's practices.

In summary, the Latvian Tax Assistance Authority's (VID) practices regarding phone data access have sparked public concern. While the VID justifies its actions as a targeted measure against tax evasion, regulated through technical and procedural limits, questions remain about the right to privacy, democratic practices, and the lack of transparency and accountability in its operations.

• The controversy surrounding the Latvian Tax Assistance Authority (VID) extends beyond finance and business, delving into the realms of politics, general-news, and crime-and-justice, as concerns about its practices regarding phone data access have been raised.
• The VID's actions, while intended to improve tax compliance and gather evidence from electronic devices implicated in tax offenses, also bring into question issues of privacy, democratic practices, and the lack of transparency and accountability in its operations, making it a topic of important general-news and political discussions.

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