Recently the Spanish Audiencia Nacional, has judged a very interesting case.
The Spanish Tax Office, issued a request of information to a mobile company asking the following details.
- Date of beginning of the use of that mobile line.
- Consumptions and expenses related to this mobile line.
- Ownership of a specific mobile line.
These three details were out of discussion. The discussion arose with the two listed below:
- Complete list of the in and out callings.
- Moment and duration either callings received or callings made from that mobile.
These two last details are the ones that have been forbidden to the Tax office to request as they are not covered by its normal duties The first three ones have a clear economic nature and there is no problem with them, but these last two go beyond clearly that economic nature and enter into the privacy of the communications and the Audiencia Nacional has stated that only in case a criminal offence might be investigated and having obtained in advance a court order, only under those circumstances, the Tax office would be entitle to request that information.