Joshua Rubenstein, ‘Protecting the right of privacy’

The backdrop to encroachments on privacy is the end of secrecy from taxing authorities, combating financial crimes, concerted tax enforcement efforts and the 2008 world-wide financial crisis. In response to the financial crisis, governments have enacted information exchange agreements, FATCA and CRS. While CRS may prove the most obvious threats to privacy, other equally real threats to privacy are encroachments on attorney–client privilege, the irresponsible use of ‘sham’ trusts, governmental efforts at trust registration, and the internet itself. There are, however, deeply imbedded in our legal systems, many protections of privacy, such as: taxpayer secrecy by taxing authorities, the ability to seal court proceedings, causes of action for invasions of privacy, protection of patents, copyrights, trademarks and trade secrets, and the right of publicity, particularly after death.

Joshua S Rubenstein, Protecting the right of privacy, Trusts and Trustees, Published: 7 December 2018.

First posted 2018-12-10 16:53:41

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