right to data protection is not an absolute right, but it is susceptible to restrictions,
when its exercise results to violation of other persons’ rights and when there are
compelling reasons of public interest, taking into account the principle of
proportionality.
2
The protection of personal data is also indirectly grounded on article 2 §1 of the
Constitution, which guarantees the fundamental principle of “respect and protection
of the value of human being” and article 5 §1 of the Constitution, which guarantees
the right of each person to free development of his/her personality on condition that
the exercise of the right does not infringe the rights of the others, or violate the
Constitution and the good usages. In virtue of article 25 §1c of the Constitution, all
the above-mentioned constitutional provisions have also horizontal effect
(“Drittwirkung”).
Furthermore, the legal framework regarding the protection of personal data in
Greece includes the Charter of Fundamental Rights of the EU, which safeguards the
right to personal data protection (art. 8) as well as the respect for private and family
life (art. 7) and the primary EU legislation guaranteeing the protection of individuals
against the processing of personal data (articles 39 TEU and 16 TFEU). This legal
framework is expanded by the European Convention for the protection of human
rights and fundamental freedoms, which safeguards the protection of private and
family life (art. 8) and the relevant case law of the European Court of Human Rights.
Greece is also a member of the European Convention 108 for the protection of
individuals regarding automatic processing of personal data.
3
The protection of privacy and personal data traditionally constituted in Greece a
facet of the right to personality, which is protected by the Civil Code. Specifically,
article 57 provides for the right of a person to demand that any infringement against
his/her personality must cease, without excluding the right to appropriate compensation and article 59 provides for the moral redress of the victim. The Greek legal
framework enriched by the relevant secondary EU legislation.
The Greek legal framework regarding personal data protection acquired new
contents by the recent entry into force of the General Data Protection Regulation
(GDPR).
4 A draft bill on the protection of personal data implementing GDPR and
transferring the Police Directive (2016/680) was appeared in February 2018 and
submitted to public consultation. On 26 August 2019 the Greek Parliament passed
the new Law (no. 4624/2019). GDPR as well as the recently enacted Law bring
broad amendments to the legislation regarding the protection of personal data in
Greece. According to the new Law, the existing Greek legislation as well as the
directives and acts issued by the Hellenic Data Protection Authority (DPA) will
2 See Areios Pagos (plenary session) no. 1/2017.
3 See Law 2068/1992 Government Gazette A 118, valid from 01.12.2005; see also Tsevas (2010),
pp. 92 ff.
4 For the new Regulation in Greek legal literature see Christou (2017), pp. 223 ff.; Iglezakis (2018);
Kotsalis and Menoudakos (2018); Mitrou (2017); Panagopoulou-Koutnatzi (2017).
212
V. Kourtis
when its exercise results to violation of other persons’ rights and when there are
compelling reasons of public interest, taking into account the principle of
proportionality.
2
The protection of personal data is also indirectly grounded on article 2 §1 of the
Constitution, which guarantees the fundamental principle of “respect and protection
of the value of human being” and article 5 §1 of the Constitution, which guarantees
the right of each person to free development of his/her personality on condition that
the exercise of the right does not infringe the rights of the others, or violate the
Constitution and the good usages. In virtue of article 25 §1c of the Constitution, all
the above-mentioned constitutional provisions have also horizontal effect
(“Drittwirkung”).
Furthermore, the legal framework regarding the protection of personal data in
Greece includes the Charter of Fundamental Rights of the EU, which safeguards the
right to personal data protection (art. 8) as well as the respect for private and family
life (art. 7) and the primary EU legislation guaranteeing the protection of individuals
against the processing of personal data (articles 39 TEU and 16 TFEU). This legal
framework is expanded by the European Convention for the protection of human
rights and fundamental freedoms, which safeguards the protection of private and
family life (art. 8) and the relevant case law of the European Court of Human Rights.
Greece is also a member of the European Convention 108 for the protection of
individuals regarding automatic processing of personal data.
3
The protection of privacy and personal data traditionally constituted in Greece a
facet of the right to personality, which is protected by the Civil Code. Specifically,
article 57 provides for the right of a person to demand that any infringement against
his/her personality must cease, without excluding the right to appropriate compensation and article 59 provides for the moral redress of the victim. The Greek legal
framework enriched by the relevant secondary EU legislation.
The Greek legal framework regarding personal data protection acquired new
contents by the recent entry into force of the General Data Protection Regulation
(GDPR).
4 A draft bill on the protection of personal data implementing GDPR and
transferring the Police Directive (2016/680) was appeared in February 2018 and
submitted to public consultation. On 26 August 2019 the Greek Parliament passed
the new Law (no. 4624/2019). GDPR as well as the recently enacted Law bring
broad amendments to the legislation regarding the protection of personal data in
Greece. According to the new Law, the existing Greek legislation as well as the
directives and acts issued by the Hellenic Data Protection Authority (DPA) will
2 See Areios Pagos (plenary session) no. 1/2017.
3 See Law 2068/1992 Government Gazette A 118, valid from 01.12.2005; see also Tsevas (2010),
pp. 92 ff.
4 For the new Regulation in Greek legal literature see Christou (2017), pp. 223 ff.; Iglezakis (2018);
Kotsalis and Menoudakos (2018); Mitrou (2017); Panagopoulou-Koutnatzi (2017).
212
V. Kourtis