continue to be in force insofar as they will not conflict to the GDPR and the
new Law.
Law 2472/1997 on the protection of individuals with regard to the processing of
personal data,
5 which transposed Directive 95/46 into the Greek law, constituted for
a long period the general legal framework on the protection of personal data in the
country.
6 In so far as GDPR replaced Law 2472/1997, the latter is no longer
enforced; it has been typically abolished by the new Law 4624/2019 except for
some provisions such as those containing the basic definitions. Any reference to the
Law 2472/1997 shall be understood as reference to the GDPR and the new Law.
Furthermore, the Greek legal framework regarding personal data protection
consists of the following Laws, which, as far as they do not conflict to the GDPR
and the Law under preparation, will continue to be in force: (a) Law 3471/2006 on
the protection of personal data and privacy in the electronic communications sector
and amendment of Law 2472/1997, as in effect,
7 by which, inter alia, the e-Privacy
Directive (2002/58) was transposed into national legislation.
8 Law 3471/2006 was
later amended by Law 4070/2012 on electronic communications, transports, public
works and other provisions,
9 which transposed the Directive 2009/136. Law 3471/
2006 aims at the protection of fundamental human rights, especially privacy, and the
establishment of the conditions for the processing of personal data and the reservation of communication confidentiality in the electronic communications sector. Law
3471/2006 constituted a lex specialis in relation to the general Law 2472/1992.
10
Both Laws formed a system consisting of substantial requirements, sanctions and
monitoring regarding the personal data processing as well as of specific rules
regarding confidentiality
11 ; (b) Law 3783/2009 on the identification of owners and
users of equipment and services for mobile telephony and other provisions for
national security reasons and for the detection of particularly criminal offences
12 ;
(c) Law 3917/2011 on the retention of data generated or processed in connection
with the provision of publicly available electronic communications services or of
5 Government Gazette A 50.
6 For an overview of Law 2472/1997, see Iglezakis (2011), pp. 240 ff.; AlexandropoulouAigyptiadou (2016), pp. 38 ff.; Armamentos and Sotiropoulos (2005, 2008); Christodoulou
(2013); Yerontas (2002), pp. 178 ff.
7 Government Gazette A 133. For an overview of Law 3471/2006, see Iglezakis (2011), pp. 261 ff.;
Alexandropoulou-Aigyptiadou (2016), pp. 171 ff.; Arkouli (2010), pp. 43 ff.; Tountopoulos (2000),
pp. 475 ff.
8 Law 3471/2006 replaced Law 2774/1999, which previously had transposed Directive 97/66/EC.
The provisions of the second part of Law 3471/2006 (articles 18–31) amended Law 2472/1996.
9 Government Gazette A 82.
10 Article 3 § 2 L. 3471/2006. However, according to a different—not predominant—interpretation
of Art. 3 § 2, based on the argument of consistency to article 9A of the Constitution, the provisions
of Law 3471/2006 were only applicable when they were more favorable to the data subject, see
Christodoulou (2013), pp. 152 ff.
11 See Iglezakis (2009), p. 197.
12 Government Gazette A 136.
Data Protection in the Internet: Greece
213
new Law.
Law 2472/1997 on the protection of individuals with regard to the processing of
personal data,
5 which transposed Directive 95/46 into the Greek law, constituted for
a long period the general legal framework on the protection of personal data in the
country.
6 In so far as GDPR replaced Law 2472/1997, the latter is no longer
enforced; it has been typically abolished by the new Law 4624/2019 except for
some provisions such as those containing the basic definitions. Any reference to the
Law 2472/1997 shall be understood as reference to the GDPR and the new Law.
Furthermore, the Greek legal framework regarding personal data protection
consists of the following Laws, which, as far as they do not conflict to the GDPR
and the Law under preparation, will continue to be in force: (a) Law 3471/2006 on
the protection of personal data and privacy in the electronic communications sector
and amendment of Law 2472/1997, as in effect,
7 by which, inter alia, the e-Privacy
Directive (2002/58) was transposed into national legislation.
8 Law 3471/2006 was
later amended by Law 4070/2012 on electronic communications, transports, public
works and other provisions,
9 which transposed the Directive 2009/136. Law 3471/
2006 aims at the protection of fundamental human rights, especially privacy, and the
establishment of the conditions for the processing of personal data and the reservation of communication confidentiality in the electronic communications sector. Law
3471/2006 constituted a lex specialis in relation to the general Law 2472/1992.
10
Both Laws formed a system consisting of substantial requirements, sanctions and
monitoring regarding the personal data processing as well as of specific rules
regarding confidentiality
11 ; (b) Law 3783/2009 on the identification of owners and
users of equipment and services for mobile telephony and other provisions for
national security reasons and for the detection of particularly criminal offences
12 ;
(c) Law 3917/2011 on the retention of data generated or processed in connection
with the provision of publicly available electronic communications services or of
5 Government Gazette A 50.
6 For an overview of Law 2472/1997, see Iglezakis (2011), pp. 240 ff.; AlexandropoulouAigyptiadou (2016), pp. 38 ff.; Armamentos and Sotiropoulos (2005, 2008); Christodoulou
(2013); Yerontas (2002), pp. 178 ff.
7 Government Gazette A 133. For an overview of Law 3471/2006, see Iglezakis (2011), pp. 261 ff.;
Alexandropoulou-Aigyptiadou (2016), pp. 171 ff.; Arkouli (2010), pp. 43 ff.; Tountopoulos (2000),
pp. 475 ff.
8 Law 3471/2006 replaced Law 2774/1999, which previously had transposed Directive 97/66/EC.
The provisions of the second part of Law 3471/2006 (articles 18–31) amended Law 2472/1996.
9 Government Gazette A 82.
10 Article 3 § 2 L. 3471/2006. However, according to a different—not predominant—interpretation
of Art. 3 § 2, based on the argument of consistency to article 9A of the Constitution, the provisions
of Law 3471/2006 were only applicable when they were more favorable to the data subject, see
Christodoulou (2013), pp. 152 ff.
11 See Iglezakis (2009), p. 197.
12 Government Gazette A 136.
Data Protection in the Internet: Greece
213