repeatedly held that the subjective judgments and evaluations only exceptionally
may be accepted as personal data.
23 Such are the cases of a criminal charge or
conviction as well as the employee evaluation or the grades of a student.
24 Moreover,
an evaluation made for ascertainment of a person’s credibility
25 as well as any use of
the credit profile databank TEIRESIAS constitutes processing of personal data.
26
Law 2472/1997 specified the category of “sensitive data”,
27 which included the
data relating to racial or ethnic origin, political opinions, religious or philosophical
beliefs, trade-union membership, sexual life and health, i.e. “medical data” including, at least, certain types of “genetic data” related to health.
28 In addition, as
sensitive were also characterized the data referring to social welfare, criminal
charges or convictions as well as membership to associations of persons dealing
with the categories mentioned above.
29 The GDPR and the Law which has recently
been enacted to implement it keep the basic distinction between “simple” and special
categories of personal data. They refer to special categories of data including
definitions of certain categories of data such as the genetic and biometric data and
the data related to health.
1.3 The Supervisory Authorities
The establishment and operation of an independent Authority with a task to ensure
the protection of personal data are provided for by article 9Α of the Constitution. To
implement that constitutional provision, Law 2472/1997 established the Hellenic
Personal Data Authority (DPA), which has been operational since 1997.
30 This
Authority is the supervisory authority for monitoring and enforcing the application
of the GDPR in Greece. Its legal status as well as its powers and tasks are provided
for by the new Law 4624/2019. Moreover, the new Law regulates special matters
concerning the establishment and function of the Authority such as the conditions
required for the appointment of its members, the tasks and powers of its members as
well as the necessary financial resources.
23 See, e.g., DPA decision no. Γ/ΕΞ/691/3.2.2014. On this matter, see Christodoulou (2013),
pp. 15 ff.; Mittleton (2016), pp. 19–20.
24 See DPA directive no. 115/2001; see also Court of Appeal of Athens no. 5433/2011 and
Administrative First Instance Court of Thessaloniki no. 4796/2013.
25 See DPA decision no. 59/2000.
26 See DPA decisions nos. 86/2002, 24/2004, 25/2004 and 186/2014. See also Iglezakis (2006).
27 Art. 2b L. 2472/1997; on sensitive data see Iglezakis (2003).
28 In its Opinion no. 15/2001, DPA adopted the definition of genetic data given by the Council of
Europe Recommendation R (97) 5 on the protection of medical data. Greek academics argued that
certain types of genetic data are not covered by the definition of health data containing in Law 2472/
1997, see, e.g., Papachristou and Papadopoulou-Klamaris (2006), pp. 41 ff.
29 On this see also the decision of the Misdemeanor Court of Thessaloniki no. 1247/2011.
30 See Spyropoulos and Fortsakis (2009), pp. 150–151; Mitrou (1999); Donos et al. (2002).
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215
may be accepted as personal data.
23 Such are the cases of a criminal charge or
conviction as well as the employee evaluation or the grades of a student.
24 Moreover,
an evaluation made for ascertainment of a person’s credibility
25 as well as any use of
the credit profile databank TEIRESIAS constitutes processing of personal data.
26
Law 2472/1997 specified the category of “sensitive data”,
27 which included the
data relating to racial or ethnic origin, political opinions, religious or philosophical
beliefs, trade-union membership, sexual life and health, i.e. “medical data” including, at least, certain types of “genetic data” related to health.
28 In addition, as
sensitive were also characterized the data referring to social welfare, criminal
charges or convictions as well as membership to associations of persons dealing
with the categories mentioned above.
29 The GDPR and the Law which has recently
been enacted to implement it keep the basic distinction between “simple” and special
categories of personal data. They refer to special categories of data including
definitions of certain categories of data such as the genetic and biometric data and
the data related to health.
1.3 The Supervisory Authorities
The establishment and operation of an independent Authority with a task to ensure
the protection of personal data are provided for by article 9Α of the Constitution. To
implement that constitutional provision, Law 2472/1997 established the Hellenic
Personal Data Authority (DPA), which has been operational since 1997.
30 This
Authority is the supervisory authority for monitoring and enforcing the application
of the GDPR in Greece. Its legal status as well as its powers and tasks are provided
for by the new Law 4624/2019. Moreover, the new Law regulates special matters
concerning the establishment and function of the Authority such as the conditions
required for the appointment of its members, the tasks and powers of its members as
well as the necessary financial resources.
23 See, e.g., DPA decision no. Γ/ΕΞ/691/3.2.2014. On this matter, see Christodoulou (2013),
pp. 15 ff.; Mittleton (2016), pp. 19–20.
24 See DPA directive no. 115/2001; see also Court of Appeal of Athens no. 5433/2011 and
Administrative First Instance Court of Thessaloniki no. 4796/2013.
25 See DPA decision no. 59/2000.
26 See DPA decisions nos. 86/2002, 24/2004, 25/2004 and 186/2014. See also Iglezakis (2006).
27 Art. 2b L. 2472/1997; on sensitive data see Iglezakis (2003).
28 In its Opinion no. 15/2001, DPA adopted the definition of genetic data given by the Council of
Europe Recommendation R (97) 5 on the protection of medical data. Greek academics argued that
certain types of genetic data are not covered by the definition of health data containing in Law 2472/
1997, see, e.g., Papachristou and Papadopoulou-Klamaris (2006), pp. 41 ff.
29 On this see also the decision of the Misdemeanor Court of Thessaloniki no. 1247/2011.
30 See Spyropoulos and Fortsakis (2009), pp. 150–151; Mitrou (1999); Donos et al. (2002).
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