Inconsistency in the data protection and transmission allows the US to still receive details of employee even if a Swiss court has banned the transfer. As the Agefi reports a bank employee may oppose the transmission of information from his/her employer but cannot do anything when the Federal Tax Administration transmits the details responding to a request for administrative assistance. It follows that identities are being transmitted even when a legal blocking has been obtained. Only the account-holder on which the request for assistance has been drafted may object to the sending of data.

An appeal has been filed in the Federal Administrative Court against this curious inconsistency.

Douglas Hornung estimates in the Tribune de Geneve that ‘conservatively the US have received information on nearly 40,000 Swiss bank employees and third parties’. But only a small part, between 500 and 1000 people, oppose this transmission.