applies to individuals as well as to legal persons, as it is implied by the definition of
the “subscriber”
97 and by the provisions regarding unsolicited communication.
98
2.2.2 The Notion of Communication Data
“Traffic data” are, according to the Greek legislation, the data processed for the
purposes of the conveyance of a communication on an electronic communications
network or for the billing thereof.
99
“Location data” are the data indicating the
geographic location of the terminal equipment of a user of a telecommunication
service available to the public. The court decisions refer the term “communication
data”, by which is meant the information generated during a communication, which
determines the conditions of the communication and identify it, such as location,
time, duration, format and type of communication, as well as means by which the
communication was conducted and details of the communication partners.
100 Greek
academics often refer to the communication data by the terms “external data” or
“context data” as opposed to “internal data” or “content data”, which consist of the
actual content of the electronic communication.
101
2.2.3 Confidentiality of Electronic Communications
Law 3471/2006 specifies that any use of electronic communications services offered
through a publicly available electronic communications network, as well as the
related traffic and location data are protected on the basis of the principle of
confidentiality of communications. The lifting of confidentiality is only permitted
under the conditions and procedures provided for by Article 19 of the Constitution.
102 The listening, tapping, storage or other kinds of interception or surveillance
of the content, as well as of the traffic and location data are prohibited, except when
the law provides for otherwise.
103 Certain circumstances where the confidentiality
lowers are the following: (a) The recording of a communication, e.g. in the case of
phone banking, is permitted when carried out in the course of lawful business
practice for the purpose of providing evidence of a commercial transaction or of
97 Art 2a L. 3471/2006.
98 Art. 11 § 7 L. 3471/2006.
99 They may, inter alia, consist of data referring to the routing, duration, time or volume of a
communication, to the protocol used, to the location of the terminal equipment of the sender or the
recipient, to the network on which the communication originates or terminates, to the beginning,
end or duration of a connection. They may also consist of the format in which the communication is
conveyed by the network, see Art. 2 § 3 L. 3471/2006.
100 See Council of State no. 1593/2016.
101 See Arkouli (2010), pp. 4–5; Christodoulou (2013), p. 130; Tountopoulos (2000), p. 476.
102 Art. 4 § 1 L. 3471/2006.
103 Art. 4 § 2 L. 3471/2006.
Data Protection in the Internet: Greece
227
the “subscriber”
97 and by the provisions regarding unsolicited communication.
98
2.2.2 The Notion of Communication Data
“Traffic data” are, according to the Greek legislation, the data processed for the
purposes of the conveyance of a communication on an electronic communications
network or for the billing thereof.
99
“Location data” are the data indicating the
geographic location of the terminal equipment of a user of a telecommunication
service available to the public. The court decisions refer the term “communication
data”, by which is meant the information generated during a communication, which
determines the conditions of the communication and identify it, such as location,
time, duration, format and type of communication, as well as means by which the
communication was conducted and details of the communication partners.
100 Greek
academics often refer to the communication data by the terms “external data” or
“context data” as opposed to “internal data” or “content data”, which consist of the
actual content of the electronic communication.
101
2.2.3 Confidentiality of Electronic Communications
Law 3471/2006 specifies that any use of electronic communications services offered
through a publicly available electronic communications network, as well as the
related traffic and location data are protected on the basis of the principle of
confidentiality of communications. The lifting of confidentiality is only permitted
under the conditions and procedures provided for by Article 19 of the Constitution.
102 The listening, tapping, storage or other kinds of interception or surveillance
of the content, as well as of the traffic and location data are prohibited, except when
the law provides for otherwise.
103 Certain circumstances where the confidentiality
lowers are the following: (a) The recording of a communication, e.g. in the case of
phone banking, is permitted when carried out in the course of lawful business
practice for the purpose of providing evidence of a commercial transaction or of
97 Art 2a L. 3471/2006.
98 Art. 11 § 7 L. 3471/2006.
99 They may, inter alia, consist of data referring to the routing, duration, time or volume of a
communication, to the protocol used, to the location of the terminal equipment of the sender or the
recipient, to the network on which the communication originates or terminates, to the beginning,
end or duration of a connection. They may also consist of the format in which the communication is
conveyed by the network, see Art. 2 § 3 L. 3471/2006.
100 See Council of State no. 1593/2016.
101 See Arkouli (2010), pp. 4–5; Christodoulou (2013), p. 130; Tountopoulos (2000), p. 476.
102 Art. 4 § 1 L. 3471/2006.
103 Art. 4 § 2 L. 3471/2006.
Data Protection in the Internet: Greece
227