Authority in relation to the CCTV systems and the use of systems of surveillance
must also be respected on the matter.
90 This legal framework, however, is considered
by the Greek theory as inadequate to protect an individual.
91
2.2 Data Protection in the Electronic Communications Sector
2.2.1 Legal Framework
The Greek Constitution guarantees the right of confidentiality of letters and all other
forms of free correspondence or communication (article 19 §1a), included all the
means of telecommunication and the internet.
92 Restrictions on the freedom of
communication and the protection of confidentiality are only allowed under the
conditions set up by article 19 §1b of the Constitution, which provides that the
judicial authority is not bound by the provisions above for reasons of national
security or for investigating especially serious crimes under guaranties which are
specified by law. Such guaranties are provided for by Law 2225/1994 on the
protection of personal data processing and private life in the sector of telecommunications, as in effect.
93 In the past, the Greek theory as well as the courts admitted
that the traffic and location data of communication did not fall within the definition
of communication protected by the Greek Constitution and, as a result, only the
content of communication was protected.
94 According to the opinion that is now
predominant, the traffic and location data fall within the protective scope of article
19 of the Constitution interpreted in the light of article 8 ECHR.
95
The processing of personal data as well as the safeguarding of confidentiality in
communications in the field of publicly available electronic communications services are governed by Law 3471/2006, while the processing of personal data within
the framework of not publicly available networks and electronic communications
services is governed by the general legislation on data protection.
96 Law 3471/2006
90 See DPA Directive no. 1/2011 and Opinions nos. 1/2009 and 2/1010.
91 See Tsolias (2016), pp. 363 ff.
92 See Spyropoulos and Fortsakis (2009), p. 228; Papadopoulos (2009), pp. 169 ff.; Karakostas
(2009), p. 153.
93 Government Gazette A 121.
94 See Manessis (1982), p. 238 and the decision of Areios Pagos no. 570/2006. The same steps were
followed by the opinions of the Attorney of Areios Pagos nos. 9/2009, 12/2009 and 9/2011.
95 Areios Pagos no. 924/2009, relied, inter alia, on the decision Copland v. UK. See also the ADAE
Opinion no. 1/2005, by which the Authority changed its previous view and admitted the confidentiality of communication data.
96 Art. 3 § 1 L. 3471/2006.
226
V. Kourtis
must also be respected on the matter.
90 This legal framework, however, is considered
by the Greek theory as inadequate to protect an individual.
91
2.2 Data Protection in the Electronic Communications Sector
2.2.1 Legal Framework
The Greek Constitution guarantees the right of confidentiality of letters and all other
forms of free correspondence or communication (article 19 §1a), included all the
means of telecommunication and the internet.
92 Restrictions on the freedom of
communication and the protection of confidentiality are only allowed under the
conditions set up by article 19 §1b of the Constitution, which provides that the
judicial authority is not bound by the provisions above for reasons of national
security or for investigating especially serious crimes under guaranties which are
specified by law. Such guaranties are provided for by Law 2225/1994 on the
protection of personal data processing and private life in the sector of telecommunications, as in effect.
93 In the past, the Greek theory as well as the courts admitted
that the traffic and location data of communication did not fall within the definition
of communication protected by the Greek Constitution and, as a result, only the
content of communication was protected.
94 According to the opinion that is now
predominant, the traffic and location data fall within the protective scope of article
19 of the Constitution interpreted in the light of article 8 ECHR.
95
The processing of personal data as well as the safeguarding of confidentiality in
communications in the field of publicly available electronic communications services are governed by Law 3471/2006, while the processing of personal data within
the framework of not publicly available networks and electronic communications
services is governed by the general legislation on data protection.
96 Law 3471/2006
90 See DPA Directive no. 1/2011 and Opinions nos. 1/2009 and 2/1010.
91 See Tsolias (2016), pp. 363 ff.
92 See Spyropoulos and Fortsakis (2009), p. 228; Papadopoulos (2009), pp. 169 ff.; Karakostas
(2009), p. 153.
93 Government Gazette A 121.
94 See Manessis (1982), p. 238 and the decision of Areios Pagos no. 570/2006. The same steps were
followed by the opinions of the Attorney of Areios Pagos nos. 9/2009, 12/2009 and 9/2011.
95 Areios Pagos no. 924/2009, relied, inter alia, on the decision Copland v. UK. See also the ADAE
Opinion no. 1/2005, by which the Authority changed its previous view and admitted the confidentiality of communication data.
96 Art. 3 § 1 L. 3471/2006.
226
V. Kourtis