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Judicial Review Sought Against ICO’s FATCA Decision

A crowdfunding project to challenge the UK’s implementation of FATCA is seeking £75k in 10 days to take the case to a Judicial Review

Published on July 7, 2020

Since September 2019, many overseas Americans have been following a legal challenge raised by a US born British citizen named Jenny, which asks key questions on the compatability of FATCA (the Foreign Account Tax Compliance Act) with UK and EU data protection laws such as GDPR. After a decision by the UK's Information Commissioner's Office (ICO) to not act on the case, Jenny has confirmed her plans to raise a Judicial Review.

In a Tweet, Jenny wrote "To launch a Judicial Review against the ICO’s decision of 29 May 2020, I need to secure £75k in the next 10 days." Elaborating, Jenny said that "The strength of our evidence going into Court to appeal the ICO’s decision is not in question. The question has been one of funds. In order to launch a Judicial Review against the ICO’s decision of 29 May, I need to secure £75k in the next 10 days."

FATCA, as many overseas Americans know, has been cited as the reason why many financial institutions, such as banks, are reluctant to accept US Citizens as clients, due to the cost and administration required to make regular reports to the USA on their US connected clients. FATCA has also been cited as a danger to data security, with Mishcon de Reya lawyer, Filippo Noseda, noting that such shared data is prone to hacking, which could endanger the details of millions of overseas Americans. Noseda, who has led Jenny's case, has also written a number of letters to UK and EU bodies which are useful in understanding some of the intricacies around the case.

Details on Jenny's case and crowdfunding efforts can be found at https://www.crowdjustice.com/case/fatcahmrcprivacybreach/

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