Bercy agents now have more means to catch fraudsters. In addition to having the possibility of searching on rental or sales platforms between individuals like Vinted, Leboncoin, eBay or Airbnb, they will be able to access data published on social networks.
The arrival of tax agents on social networks had been expected for several months. But without the publication of the decree in the Official Journal, nothing was yet decided. It is now done. Thus, the tax authorities have the authorization to collect and analyze data on Instagram, Facebook and TikTok. But there are conditions.
The hunt for fraudsters continues on social networks. While tax officials could take a look at the contents “obviously accessible”without needing to register on a platform, they can now create a fake account to enhance their research.
Thus, the decree adopted on December 31, 2024 and published in the Official Journal this Wednesday, January 1, 2025 significantly extends the prerogatives of the tax administration. After having vetoed it for a long time, the CNIL (National Commission for Information Technology and Liberties) considers that the device presents “satisfactory guarantees” although she has some reservations.
It goes without saying that these new prerogatives do not give tax agents all the rights. To create a fake account in order to access content published on taxpayers’ social networks, you need a good reason. Therefore, this is only done if an investigation is underway.
A tax agent can therefore create a profile on a social network in order to search your publications for the purposes of research or the observation of breaches such as “failure or delay in reporting in the event of discovery of occult activity”, “deliberate inadequacies of declaration or linked to an abuse of rights or fraudulent maneuvers”, “the disposition of property or sums of money relating to an illicit activity, giving rise to a presumption of income”or even “reductions or concealments of revenue by companies”. Remember that private messages and content are not affected. These are exclusively the “content freely accessible and clearly made public by users”.
In their investigation into social networks, tax agents will not be able to use “borrowed identities”. They must therefore clearly “make it clear, clearly, that it is a tax administration or customs account”. Something to reassure Internet users. Finally, so-called “sensitive” platforms such as dating or health applications cannot be subject to data collection by the tax or customs authorities.
Despite everything, the CNIL remains a little cautious about the results of the three years of experimentation. She doesn’t judge him “not sufficiently supported”which does not allow it to ensure its effectiveness.
