their consent. The consumer must have direct access to his/her personal data and to
be able to object to their future use for marketing purposes, to request from the
business to partially or totally erase or complete or rectify them and to be informed
about the time and the way of obtaining the data as well as for the methods for the
protection of the data applying by the business.
The recipient of unsolicited communication has the right to demand compensation for any material or non-material damage caused by the provider of publicly
available electronic communications services, who by negligence violated the obligation to take suitable measures to prevent the unsolicited communications. The
same right of compensation has the recipient against the provider who violated the
obligation to enter the statements of the recipient in a special subscriber directory.
55
2.1.2 Protection of Minors’ Personal Data Processed by Electronic
Means
The protection of minors’ personal data in the framework of the offer of information
society services has not been regulated by specific provisions in Greece. In respect to
the consent required for the processing of personal data relating to a data subject,
who is underage, the Data Protection Authority held that the consent shall be given
by the holder of the parental responsibility.
56
The Greek legislator uses the possibility given by article 8 § 1of GDPR to set
an age limit for these purposes lower than 16 years. Thus, the new Law 4624/
2019 sets the age limit for valid consent at 15 years. Where the child is below
the age of 15 years, the processing of its personal data shall be lawful only if
that consent is given or authorized by the holder of parental responsibility over
the child.
57
In relation to the protection of the children’s personal data, worth to mention are
the guidelines issued by the Data Protection Authority for the use of CCTV systems
in schools and other places where minors are active.
58
2.1.3 The Right to the Erasure of Personal Data Processed by Electronic
Means
Greek academics consider that the so-called “right to be forgotten” can rely on the
articles 2 and 5 §1 of the Constitution, which established the principle of human
55 Art. 11 § 5 L. 3471/2006.
56 See DPA Decision no. 112/2012 addressing the issue of the use of geolocation technology for the
location tracking of individuals, e.g., minors or patients.
57 On this matter see also Christodoulou (2018), pp. 61 ff.
58 See art. 18 of DPA Directive no. 1/2011 on the use of CCTV systems and the protection of
individuals and property.
220
V. Kourtis
be able to object to their future use for marketing purposes, to request from the
business to partially or totally erase or complete or rectify them and to be informed
about the time and the way of obtaining the data as well as for the methods for the
protection of the data applying by the business.
The recipient of unsolicited communication has the right to demand compensation for any material or non-material damage caused by the provider of publicly
available electronic communications services, who by negligence violated the obligation to take suitable measures to prevent the unsolicited communications. The
same right of compensation has the recipient against the provider who violated the
obligation to enter the statements of the recipient in a special subscriber directory.
55
2.1.2 Protection of Minors’ Personal Data Processed by Electronic
Means
The protection of minors’ personal data in the framework of the offer of information
society services has not been regulated by specific provisions in Greece. In respect to
the consent required for the processing of personal data relating to a data subject,
who is underage, the Data Protection Authority held that the consent shall be given
by the holder of the parental responsibility.
56
The Greek legislator uses the possibility given by article 8 § 1of GDPR to set
an age limit for these purposes lower than 16 years. Thus, the new Law 4624/
2019 sets the age limit for valid consent at 15 years. Where the child is below
the age of 15 years, the processing of its personal data shall be lawful only if
that consent is given or authorized by the holder of parental responsibility over
the child.
57
In relation to the protection of the children’s personal data, worth to mention are
the guidelines issued by the Data Protection Authority for the use of CCTV systems
in schools and other places where minors are active.
58
2.1.3 The Right to the Erasure of Personal Data Processed by Electronic
Means
Greek academics consider that the so-called “right to be forgotten” can rely on the
articles 2 and 5 §1 of the Constitution, which established the principle of human
55 Art. 11 § 5 L. 3471/2006.
56 See DPA Decision no. 112/2012 addressing the issue of the use of geolocation technology for the
location tracking of individuals, e.g., minors or patients.
57 On this matter see also Christodoulou (2018), pp. 61 ff.
58 See art. 18 of DPA Directive no. 1/2011 on the use of CCTV systems and the protection of
individuals and property.
220
V. Kourtis