2.2.5 Supervisory Authorities for Communication Security and Privacy
The Authority for Communication Security and Privacy (ADAE) has been
established by Law 3115/2006,
111 in virtue of Article 19 § 2 of the Constitution.
Its purpose is the protection of correspondence confidentiality, free communication
in any possible way, as well as the networks’ and information security. It reports to
the Minister of Justice and its seat is in Athens.
112 By virtue of the powers vested in
it, ADAE is competent for a number of matters regarding the application of Law
3471/2006 on the protection of personal data and privacy in the electronic
communications.
113
In particular, ADAE carries out ex officio or upon complaint, inspections at
installations and databases, as well as inspections of documents of the public
services, including the Greek National Intelligence Service, and documents of
private companies that are involved in postal, telecommunications or other services
concerning networking and communication. It examines complaints concerning the
protection of persons whom rights are prejudiced by the way and procedure of lifting
communication confidentiality. It is empowered to proceed to the seizure of the
means of breach of secrecy, the destruction of information, evidence or data, which
were obtained illegally. It issues opinions and recommendations regarding the
measures to be taken to secure the communications confidentiality. And, it submits
to the Parliament an annual activity report containing observations and suggestions
for appropriate legislative changes.
114 Furthermore, ADAE is entrusted the task to
set up the specific procedures that are necessary for certain circumstances to be dealt,
such as the processing of the location data that is exceptionally permitted without the
prior consent of the subscriber or user for purposes of emergency,
115 the tracing of
the nuisance calls, following a subscriber’s request
116 and the compatibility issues
arisen between the voice messages encryption methods used by the providers.
117
Moreover, ADAE carries out inspections in the infrastructure, hardware and software which are under the supervision of the providers to verify its compliance with
the legislation regarding the confidentiality of communications.
118
Since competent for the application of the Law 3471/2006 is also the Hellenic
Data Protection Authority, as, e.g., for imposing administrative sanctions, often it is
not easily identifiable which authority is competent to decide cases concerning data
111 Government Gazette A 47.
112 See the website of this Authority, at: www.adae.gr/en.
113 Art. 13 § 2 L. 3471/2006.
114 Art. 6 L. 3115/2003.
115 Art. 6 § 5 L. 3471/2006.
116 Art. 8 § 7 L. 3471/2006.
117 Art. 4 L. 3674/2008.
118 Art. 6 L. 3674/2008.
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The Authority for Communication Security and Privacy (ADAE) has been
established by Law 3115/2006,
111 in virtue of Article 19 § 2 of the Constitution.
Its purpose is the protection of correspondence confidentiality, free communication
in any possible way, as well as the networks’ and information security. It reports to
the Minister of Justice and its seat is in Athens.
112 By virtue of the powers vested in
it, ADAE is competent for a number of matters regarding the application of Law
3471/2006 on the protection of personal data and privacy in the electronic
communications.
113
In particular, ADAE carries out ex officio or upon complaint, inspections at
installations and databases, as well as inspections of documents of the public
services, including the Greek National Intelligence Service, and documents of
private companies that are involved in postal, telecommunications or other services
concerning networking and communication. It examines complaints concerning the
protection of persons whom rights are prejudiced by the way and procedure of lifting
communication confidentiality. It is empowered to proceed to the seizure of the
means of breach of secrecy, the destruction of information, evidence or data, which
were obtained illegally. It issues opinions and recommendations regarding the
measures to be taken to secure the communications confidentiality. And, it submits
to the Parliament an annual activity report containing observations and suggestions
for appropriate legislative changes.
114 Furthermore, ADAE is entrusted the task to
set up the specific procedures that are necessary for certain circumstances to be dealt,
such as the processing of the location data that is exceptionally permitted without the
prior consent of the subscriber or user for purposes of emergency,
115 the tracing of
the nuisance calls, following a subscriber’s request
116 and the compatibility issues
arisen between the voice messages encryption methods used by the providers.
117
Moreover, ADAE carries out inspections in the infrastructure, hardware and software which are under the supervision of the providers to verify its compliance with
the legislation regarding the confidentiality of communications.
118
Since competent for the application of the Law 3471/2006 is also the Hellenic
Data Protection Authority, as, e.g., for imposing administrative sanctions, often it is
not easily identifiable which authority is competent to decide cases concerning data
111 Government Gazette A 47.
112 See the website of this Authority, at: www.adae.gr/en.
113 Art. 13 § 2 L. 3471/2006.
114 Art. 6 L. 3115/2003.
115 Art. 6 § 5 L. 3471/2006.
116 Art. 8 § 7 L. 3471/2006.
117 Art. 4 L. 3674/2008.
118 Art. 6 L. 3674/2008.
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