Law contains a list of serious crimes, the investigation, detection and prosecution of
which allows the access to communication data or real time lawful interception of
communication by the competent authorities. The list contains: (a) Offences of the
Penal Code: In particular, offences against the constitutional status and against the
life of political persons, treason against the Greek State, offences against the
Parliament, political parties or the Government, violence against the person or the
honour of the President of the Republic and torture or other violations of human
dignity perpetrating by public officials or members of the armed forces; Offences
relating to organized crime or terrorism, forgery and circulation of counterfeit
currency, and passive or active bribery of a public official, including a judge;
Common dangerous offences, offences against security in transportation and telecommunications, offences against human life and personal freedom, offences relating to violation of secrecy (unlawful interception of telecommunication, unlawful
monitoring or recording of private transmission of data or electromagnetic emissions
by any technical means or interfering with them in order to know their content as
well as use of such recordings) and offences against property. (b) Offences of the
Military Penal Code; and (c) other offences provided for by specific penal legislation, such as offences relating to arms trafficking, drugs trafficking, smuggling,
bribery of foreign public officials, money laundering, environmental protection,
protection of capital market from actions of persons that possess inside information
and actions for market, protection of antiquities and protection of the cultural
heritage.
According to the procedure set out by Law 2225/1994, the competent Public
Prosecutor files the application to the judicial council that is competent to issue the
necessary order.
127 This order shall contain the details of the person against whom
the measure of interception is taken and the reasoning for the lift of secrecy.
128 The
order is sent to the electronic communication network/service provider, which
executes it by sending the communication data to the competent authorities within
7 days. If the order concerns real-time lawful interception the provider grants access
to the communications under interception within 3 days. The Presidential Decree
47/2005 on “the procedure, technical and organisational guarantees for ensuring
lawful interception”
129 stipulates the details for the technical and organisational
measures that shall be taken for lawful interception and access to data. Between
others, it contains the list of data that must be provided for each type of electronic
communication. This list contains the content data as well as the traffic and location
data of communications.
Law 3917/2011 regulates the retention of data generated or processed in connection with the provision of publicly available electronic communications services
or of public communications networks, use of surveillance systems with the
127 A panel of judges deciding in camera; their decisions must be reasoned like the decisions in
public trials.
128 Art. 5 §§2, 3 L. 2225/1994.
129 Government Gazette A 64.
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which allows the access to communication data or real time lawful interception of
communication by the competent authorities. The list contains: (a) Offences of the
Penal Code: In particular, offences against the constitutional status and against the
life of political persons, treason against the Greek State, offences against the
Parliament, political parties or the Government, violence against the person or the
honour of the President of the Republic and torture or other violations of human
dignity perpetrating by public officials or members of the armed forces; Offences
relating to organized crime or terrorism, forgery and circulation of counterfeit
currency, and passive or active bribery of a public official, including a judge;
Common dangerous offences, offences against security in transportation and telecommunications, offences against human life and personal freedom, offences relating to violation of secrecy (unlawful interception of telecommunication, unlawful
monitoring or recording of private transmission of data or electromagnetic emissions
by any technical means or interfering with them in order to know their content as
well as use of such recordings) and offences against property. (b) Offences of the
Military Penal Code; and (c) other offences provided for by specific penal legislation, such as offences relating to arms trafficking, drugs trafficking, smuggling,
bribery of foreign public officials, money laundering, environmental protection,
protection of capital market from actions of persons that possess inside information
and actions for market, protection of antiquities and protection of the cultural
heritage.
According to the procedure set out by Law 2225/1994, the competent Public
Prosecutor files the application to the judicial council that is competent to issue the
necessary order.
127 This order shall contain the details of the person against whom
the measure of interception is taken and the reasoning for the lift of secrecy.
128 The
order is sent to the electronic communication network/service provider, which
executes it by sending the communication data to the competent authorities within
7 days. If the order concerns real-time lawful interception the provider grants access
to the communications under interception within 3 days. The Presidential Decree
47/2005 on “the procedure, technical and organisational guarantees for ensuring
lawful interception”
129 stipulates the details for the technical and organisational
measures that shall be taken for lawful interception and access to data. Between
others, it contains the list of data that must be provided for each type of electronic
communication. This list contains the content data as well as the traffic and location
data of communications.
Law 3917/2011 regulates the retention of data generated or processed in connection with the provision of publicly available electronic communications services
or of public communications networks, use of surveillance systems with the
127 A panel of judges deciding in camera; their decisions must be reasoned like the decisions in
public trials.
128 Art. 5 §§2, 3 L. 2225/1994.
129 Government Gazette A 64.
Data Protection in the Internet: Greece
231