processing in the sector of telecommunications. The distinction of their competences
is often not based on legal criteria.
119
2.3 Data Protection and Digital Forensics
The personal data protection provided for by the Greek law is restricted where
personal data processing is carried out by judicial or public prosecution authorities
in the framework of attributing justice or for verifying serious crimes, especially
crimes against life, sexual freedom, personal freedom, property rights, minors,
public order and violations of legislation regarding drugs.
120 The recording of
sound or image by means of special technical devices made by the authorities with
purpose to verify the perpetration of the crimes is only permitted upon an order
issued by a Public Prosecutor and provided that a serious danger to the public order
or security is imminent. Furthermore, by way of exception to the general prohibition
of processing sensitive personal data, the Public Prosecutor can order the public
disclosure of information relating to cases of criminal prosecution or conviction.
That disclosure aims at the protection of the general public, of minors and of
vulnerable or disadvantaged groups, as well as at the facilitation of the punishment
of those offences by the State.
121 In theory, it was argued that the restrictions
mentioned above are contrary to the Constitution.
122
By virtue of the principle of necessity, which governs the restriction of the
fundamental right to the protection of personal data, the recognition, exercise or
defence of rights before a court or a disciplinary body constitutes a basis for
exceptionally justifying the processing of sensitive data.
123 Areios Pagos held that
the processing of simple data is also subject to the same exception.
124 The Data
Protection Authority held that a provider of mobile telecommunication services was
allowed, upon previous notification of the data subject, to provide telephone call data
to a third party to use them for defending himself in criminal proceedings.
125
Regarding the interception of communication data, Law 2225/1994 on “the
protection of personal data processing and private life in the sector of telecommunications”
126 sets the requirements and the procedures for the lawful interception of
the content of communications as well as the access to communication data. This
119 See Papakonstantinou (2010), § 15.3.01.
120 Art. 3 § 2 b L. 2472/1997.
121 Art. 2 b L. 2472/1997/.
122 See Iglezakis (2011), p. 2.
123 Art. 7 §2c L. 2472/1997.
124 Areios Pagos 252/2018 (A 2). The same opinion has been expressed by the Authority, see, e.g.,
the decisions nos. 27/2001, 75/2001, 92/1011, 111/2011 and 4/2013.
125 DPA Decision no. 12/2004.
126 Government Gazette A 121.
230
V. Kourtis
is often not based on legal criteria.
119
2.3 Data Protection and Digital Forensics
The personal data protection provided for by the Greek law is restricted where
personal data processing is carried out by judicial or public prosecution authorities
in the framework of attributing justice or for verifying serious crimes, especially
crimes against life, sexual freedom, personal freedom, property rights, minors,
public order and violations of legislation regarding drugs.
120 The recording of
sound or image by means of special technical devices made by the authorities with
purpose to verify the perpetration of the crimes is only permitted upon an order
issued by a Public Prosecutor and provided that a serious danger to the public order
or security is imminent. Furthermore, by way of exception to the general prohibition
of processing sensitive personal data, the Public Prosecutor can order the public
disclosure of information relating to cases of criminal prosecution or conviction.
That disclosure aims at the protection of the general public, of minors and of
vulnerable or disadvantaged groups, as well as at the facilitation of the punishment
of those offences by the State.
121 In theory, it was argued that the restrictions
mentioned above are contrary to the Constitution.
122
By virtue of the principle of necessity, which governs the restriction of the
fundamental right to the protection of personal data, the recognition, exercise or
defence of rights before a court or a disciplinary body constitutes a basis for
exceptionally justifying the processing of sensitive data.
123 Areios Pagos held that
the processing of simple data is also subject to the same exception.
124 The Data
Protection Authority held that a provider of mobile telecommunication services was
allowed, upon previous notification of the data subject, to provide telephone call data
to a third party to use them for defending himself in criminal proceedings.
125
Regarding the interception of communication data, Law 2225/1994 on “the
protection of personal data processing and private life in the sector of telecommunications”
126 sets the requirements and the procedures for the lawful interception of
the content of communications as well as the access to communication data. This
119 See Papakonstantinou (2010), § 15.3.01.
120 Art. 3 § 2 b L. 2472/1997.
121 Art. 2 b L. 2472/1997/.
122 See Iglezakis (2011), p. 2.
123 Art. 7 §2c L. 2472/1997.
124 Areios Pagos 252/2018 (A 2). The same opinion has been expressed by the Authority, see, e.g.,
the decisions nos. 27/2001, 75/2001, 92/1011, 111/2011 and 4/2013.
125 DPA Decision no. 12/2004.
126 Government Gazette A 121.
230
V. Kourtis