Le PTB demande que le SPF Finances arrête de se soumettre à Microsoft et protège la vie privée
www.ptb.be
Le député fédéral Marco Van Hees (PTB) estime que le SPF Finances doit reprendre les clés de sa base de données fiscales FisconetPlus. Celle-ci est en effet entre les mains de la multinationale Microsoft, qui abuse de cette situation, comme l'indique l'Autorité de protection des données. « Le recours à la sous-traitance privée a conduit à une soumission aveugle à une multinationale imposant la violation de la vie privée pour ses propres intérêts », dénonce Marco Van Hees.

Surely the tax law must be reachable in other forms like Moniteur Belge publications which are openly public. But it’s still alarming that any public service would operate exclusively. I’m not sure what FisconetPlus is exactly and if it uniquely gives access to any information.

If FisconetPlus is entirely redundant, then it can be scrapped¹. If it’s not entirely redundant, then it’s an injustice that it’s exclusive. People excluded by FisconetPlus probably do not get out of their tax obligation.

¹ Redundancy is good for security reasons, but in the event of an outtage of other services it would be an injustice if FisconetPlus were the sole means of access which is then exclusive. It violates human rights (Universal Declaration of Human Rights art.21¶2).

That article is in French but here is the English machine translation:

PTB demands that FPS Finance stop submitting to Microsoft and protect privacy

Federal MP Marco Van Hees (PTB) believes that FPS Finance should take back the keys to its tax database FisconetPlus. This is in fact in the hands of the multinational Microsoft, which is abusing this situation, as indicated by the Data Protection Authority. “The use of private subcontracting has led to blind submission to a multinational that imposes the violation of privacy for its own interests”, denounces Marco Van Hees.

At the beginning of 2018, Marco Van Hees undertook, as he had done for years, to consult FisconetPlus, the tax legislation database of FPS Finance. He then noticed that it was no longer possible to access it without first having opened an account with Microsoft. Initially, the site even mentioned the obligation to have an address from the American multinational: "You will have to enter a Microsoft email address.”

On 28 March 2018, the parliamentarian questioned former Finance Minister Johan Van Overtveldt (N-VA) in the House Finance Committee. He responded that the requirement to enter a Microsoft email address to register was the result of clumsy wording and that “the current homepage, which could be confusing, is currently being rewritten to this effect.”

However, he fully justifies the requirement to open an account (regardless of the email address used to do so) with Microsoft in order to access FisconetPlus: "Access to this platform requires the creation of an account. Microsoft prohibits anonymous access to its platform. Creating an account is easy and free.” And the minister adds: “The obligation to create an account is legal”

Spying on users for commercial purposes
No, it is not legal, the Data Protection Authority (the former Commission for the Protection of Privacy) ruled today. In its recommendation 01/2019 of 2 February 2019, the Authority analyses the FisconetPlus procedure in detail by comparing it with the rules on respect for privacy.

It points out that "if the proposed application only concerns the provision of public information that does not contain personal data (such as a database containing legislation), the requirement to create an account to access this information, involving the processing of personal data, is contrary to the principles of data protection by design and data protection by default defined in the GDPR. »

The Authority thus notes that, by default, the multinational applies this setting which demonstrates spying on users: “To display ads better suited to your interests, we will use your browsing, search and other online activity data associated with your Microsoft account. Ads may be less relevant if you deactivate this setting.”

After ten pages of analysis, the conclusion of the Data Protection Authority is clear: “The imposition, by public authorities, of the use of a Microsoft account to access an application that only makes public information available and not personal data is contrary to the GDPR.”

The Authority adds: "Public services must always guarantee free access to official sources of legislation, without attaching any condition that constitutes an interference with privacy and/or involves risks for the rights and freedoms of the persons concerned. ”

« The excesses of an increasing recourse to private subcontracting by public services »
For Marco Van Hees, « this situation shows the excesses of an increasing recourse to private subcontracting by public services. In the present case, this policy has led to blind submission to a multinational imposing the violation of privacy for its own interests. »

The MP believes in any case that the FPS Finance must comply with this recommendation from the Data Protection Authority as quickly as possible by removing any procedure for registering for a Microsoft account for future users and by deleting Microsoft accounts for those who are already registered. Marco Van Hees will call on the new Minister of Finance, Alexander De Croo, to act in this regard.