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Dmitriy Anatolyevich Smirnov, Leila Emerbekovna Botasheva, Razela Nesyurovna Denikaeva, Alexey
Nikolaevich Leonov y Evgeny Anatolievich Pervyshev
Legal features of the use of big data in the tax activities of the state
Tax activity in the digital economy, capable of providing high-quality
information and communication infrastructure and mobilizing the
capabilities of information and communication technologies for the benet
of taxpayers, business and the state, must undoubtedly transform and
change. The digital economy is a form of economic activity that emerges
from billions of examples of the networking of people, businesses, devices,
data and processes.
“The Strategy for the Development of the Information Society in the
Russian Federation for 2017–2030” determines that the digital economy
is an economic activity in which the key factor in production is digital data,
the processing of large volumes and the use of the analysis results of which,
compared with traditional forms of management, can signicantly increase
the eciency of various types of production, technologies, equipment,
storage, sales delivery of goods and services.
The digital economy is based on hyper-connectivity, i.e., the growing
interconnectedness of people, organizations, and machines, emerging
thanks to the information and telecommunications network Internet,
mobile technologies and the Internet of things. The industry of tax law and
legislation will have to face all the consequences of digitalization, which
are already generating fundamental changes in the models of economic
and nancial activity in leading countries. Digitalization should make the
taxation activities of the state more open.
The digitalization of government tax activities leads to the accumulation
of a huge array of tax and nancial data, which is used either to provide
consumers with new nancial services or to increase authority through
automatic compliance checks. The term “digitalization” is steadily associated
with Big Data. Modern policy is developing towards ensuring openness and
transparency of data in the nancial sector, requiring public authorities to
publish “open data” on ocial websites. This position is unconditionally
rational, since the entire digital economy is a data economy, but so far, the
issues of nancial and tax condentiality remain open. The right to nancial
and tax condentiality continues to be illusory.
The extensive collection and use of “large” tax and nancial data seriously
violates data privacy and protection, especially when these data are used in
smart algorithms to create digital personal proles or to make automatic
decisions that can only aect people. Ultimately, this practice of proling
tax and nancial behavior creates a fertile ground for discriminatory
treatment of individuals and groups.
The conclusion is substantiated that it is necessary to introduce a norm
for mandatory publication of information on leaks, compensation payments
and large penalties to bodies carrying out nancial activities as the most
eective mechanism of self-regulation, in which a sense of security policy