š§© Does MiCA Break the Right to Privacy?
-Technically, MiCA doesnāt outright ban privacy, but it does restrict financial privacy in ways that many argue are in tension with fundamental rights. Whether it ābreaksā those rights depends on how you interpret the balance between:
š”ļø The stateās duty to protect (e.g. against money laundering, terrorism, fraud)
š§ The individualās right to privacy, especially in financial matters
šµļøāāļø Why Critics Say It Undermines Privacy
-Hereās the core of the argument:
Concern Explanation
Surveillance creep: By requiring traceability of all crypto transactions, MiCA could normalize financial surveillance.
Chilling effect on privacy tech: Developers of privacy coins or mixers may be discouraged or criminalized.
No meaningful anonymity: Even self-custody wallets may be forced to comply with identity verification under related AML laws.
Disproportionate impact: Law-abiding users who value privacy (e.g. journalists, activists, or people in oppressive regimes) lose tools that protect them.
In this view, MiCA doesnāt just regulate, it redefines whatās āacceptableā privacy, and thatās a slippery slope.
āļø But Is It a Human Rights Violation?
-Thatās where it gets murky. The European Convention on Human Rights (ECHR) protects:
Article 8: Right to respect for private and family life
Article 10: Freedom of expression
Protocol 1, Article 1: Right to peaceful enjoyment of possessions
MiCA could be challenged under these articles, but the EU would likely argue that:
The restrictions are lawful, proportionate, and in the public interest
Financial privacy is not absolute, especially when weighed against crime prevention
So itās not a clear-cut violation, but itās certainly a gray zone that may be tested in court.
š§ My Take?
-If weāre serious about digital rights in the 21st century, then financial privacy must be part of the conversation. MiCA may not ābreakā human rights in the legal sense, but it erodes the space where privacy can thrive. And once that space is gone, itās very hard to get it back.
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