In what can be seen as a significant policy change, the Danish National Tax Tribunal has revised the confidentiality protocols for the Danish Gambling Authority, also called the Spillemyndigheden. The new regulations will be less stringent compared to the previous directives regarding information privacy. Early this year, the Tax Tribunal greenlit the revised rules eliminating the imposition of the “heightened obligation of confidentiality as mentioned in section 17″ of the Danish Tax Administration Act on the Authority.
The impact of this decision is significant. It affects the range of information that the Authority can make public in the future and the issues, Spillemyndigheden is allowed to publicly express views on. As clarified by the National Tax Tribunal, the information dealt with by the Authority under the jurisdiction of the Danish Gambling Act doesn’t necessitate it to be bound by elevated confidentiality norms.
“The data processed by the Danish Gambling Authority, in accordance with the Danish Gambling Act, will not be obstructed by the intensified and stringent privacy obligations under the section 17 of the Tax Administration Act,“
was the explanation provided by a comment from Spillemyndigheden.
Spillemyndigheden Abides by Ubiquitous Confidentiality Conduct
A formal announcement on Tuesday from Spillemyndigheden elaborated that despite the lifting of section 17’s amplified directives, the Authority continues to abide by the common rules of confidentiality. Under these standard parameters, the regulatory body is prohibited from divulging information associated with individuals, trade secrets, and other delicate information secured by the national data protection law.
“The Danish Gambling Authority’s duty remains binding under the common confidentiality obligation compliance, in line with section 27 of the Public Administration Act. Thus, we do not expose confidential data or trade secrets, and personal information will always be handled respecting data protection law,”
was the additional input from Spillemyndigheden.
Though the Authority is no longer obliged to comply with the enhanced privacy norms, it is still tethered to the ubiquitous obligation of confidentiality. It implies that in certain scenarios, Spillemyndigheden is restricted from contributing remarks on various cases, due to constraints pertaining to the general obligation of confidentiality.
