Current account and privacy are two increasingly distant worlds. With the new regulations, it increases who has the “power” to control the movements. Here’s when and why.
The checks carried out by the Inland Revenue, State or Police Forces are obviously aimed at uncovering illegal actions. There are really many occasions in which a current account can be subjected to checks, even cross-checks, but not only in the event of an infringement of the law.
Of course, those who do nothing wrong can sleep peacefully and indeed have the guarantee that there is always someone who protects the community. The latest news in terms of tax assessments, however, can put some anxiety in the most sensitive souls.
A bit like when you are driving peacefully, within the speed limits, to the place of work or a trip out of town, and at a certain point you can glimpse a patrol in the distance. We know very well that we are in order, the insurance is paid, the booklet is there, we have not drunk alcohol, the odometer shows an adequate speed. But there is always that pinch of terror that makes you afraid of seeing the “paddle up”.
The same happens with the current account in the bank. Even those who work and earn honestly, knowing that money movements can be “peeked” by practically (or almost) everyone can feel a sense of invasion of privacy. The right to do what he wants with his money. But who exactly can control every move? Let’s find out, together with a novelty that widens the audience of potential “spies”.
Current account and privacy, all those who keep an eye on you
The first body at the top of the list of controllers is certainly the Revenue Agency. With this organ, no one has practically any escape. The AE can, with the approval of any bank, access any information. He compares it with the tax return and if something does not come back, the assessment is triggered. Controls are carried out to combat tax evasion. More specifically, the Revenue Agency investigates all incoming and outgoing money movements, the average stock, credit / debit cards, the presence of any investments or wire transfers for third parties. In short, practically everything. If the “alarm bell” goes off, further investigations will be carried out.
Even the Guardia di Finanza can go and make a “check” on the movements of the current account. In this case, however, to prevent money laundering or even to ascertain whether tax evasion is taking place. The list of operations available to Fiamme Gialle is easily described: inbound / outbound cash movements, stock and balance at the beginning / end of the year.
Current account, watch out for creditors
There is another category of individuals who can gain access to banking data: creditors. In this case, however, the permission of the judge with whom a complaint was filed is required. If deemed necessary, the creditor can “rummage” in the debtor’s account and obtain all or part of his due by attachment.
Among the creditors, of course, there are also the Public Bodies, the Administrations, in short, the Municipality, Province and Region of competence can control the movements of the current account, so as to check if there are available for the payment of taxes and duties.
“Free access” to the current account, the novelty
In addition to all the aforementioned subjects, the current account is also “at the mercy” of a large audience of law enforcement agencies: Judicial Police, Police Headquarters, DIA, the Ministry of the Interior and the ARO, that is the national office for the recovery of assets. This following the issue of a Legislative Decree passed in August 2021, which specifies the implementation of “provisions to facilitate the use of financial and other information for the purpose of preventing, ascertaining, investigating or prosecuting certain crimes, and repealing Decision 2000/642 / JHA, according to the principles of EU Directive 2019/1153. “
Of course we are not talking about routine checks, but about authorized accesses only in the case of investigations by one or more bodies. Everyone with their own competence will be able to ask to carry out investigations if very serious crimes are at stake, such as money laundering and terrorist financing, but also piracy, counterfeiting, hacking, arms smuggling, etc. So let’s say that the average user, the one who pays his salary into the account and uses it to pay his bills, has nothing to fear.
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