any other business communication, under the condition that both parties have
provided their consent, upon previous notification of the aim of the recording.
104
The parties do not waive of their right for confidentiality when they give their
consent for such recording
105 ; (b) The technical storage is permitted, where necessary for the conveyance of the communication
106
; (c) The storage of data or the
acquisition of access to information already stored in the equipment of a subscriber
or user is only allowed, if their purpose is the conveyance of information through an
electronic communications network or is necessary for the provision of information
society services explicitly requested by the user or subscriber, and upon the prior
consent of the latter
107
; (d) The provider of a public network or publicly available
electronic communications services is permitted to process traffic data aiming at the
subscriber’s billing and interconnection payment,
108 without the consent of the user.
2.2.4 Security Measures Implemented by the Electronic
Communications Providers for the Protection of Personal Data
The providers of public communications networks or publicly available electronic
communications services are obliged to erase or make anonymous the traffic data
processed or stored, which are relating to subscribers or users at the end of the
transmission of communication.
109 Furthermore, they must inform their subscribers
about the purposes of a directory of subscribers available to the public. The subscribers have the option not to be included in such a directory. The personal data
included in such directories must be limited to those data that are necessary for the
identification of a subscriber, unless the subscriber wishes otherwise. Where the
subscriber is a legal entity, the data published in a directory are limited to those
necessary to ascertain the identity of the legal entity, unless its legal representative
has given written consent on the publication of complementary data.
110
104 Art. 4 § 3 L. 3471/2006. The way in which parties are notified and give their consent as well as
the manner and duration of storage for the recorded conversations and relevant traffic data are
determined by act issued by the DPA.
105 See Papadopoulos (2009), p. 216.
106 Art. 4 § 4 L. 3471/2006.
107 Art. 4 § 5 L. 3471/2006.
108 Art. 6 § 2 L. 3471/2006.
109 See L. 3917/2011 and §§ 2–6 L. 3471/2006.
110 Art. 10 L. 3471/2006.
228
V. Kourtis
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