security grounds or for the detection of particularly serious crimes, the controller
may be released from the obligation to inform the data subject about the contents of
personal data collected and the purpose of processing upon decision by the Data
Protection Authority.
137 In a case regarding a Greek Coastal Guard’s request
addressed to providers of telecommunication services to disclose personal data of
their subscribers, which were necessary for the Coastal Guard to exercise its law
enforcement task, the Data Protection Authority based on the fact that the enforcement tasks of the Coastal Guard concern the national security and the detection of
serious crimes, considered the subscribers’ consent not necessary for processing and
released the providers of his/her obligation to inform their subscribers for the
disclosure of the data requested.
138
2.5 Remedies and Sanctions
Remedies and sanctions are provided for by the common Greek legislation as well as
by the special legislation on personal data protection. The civil and criminal sanctions are imposed by courts and the administrative sanctions by the Data Protection
Authority.
2.5.1 Civil Sanctions
The person affected by unlawful processing of his/her personal data is protected,
firstly, on the basis of the provisions of the Greek Civil Code regarding the right to
personality.
139 Regarding the violation of personality, the person has the right to
claim the cessation of the violation and the refrain thereof in the future. In addition,
one has the right to damages and compensation for moral damage.
140
Furthermore, on the basis of the Greek data protection legislation, the data subject
has a right to provisional judicial protection.
141 Moreover, civil law sanctions are
provided for breach of data protection legislation.
142 Any individual or legal entity
of private law that causes material damage or non-material damage shall be liable for
damages in full or compensation, respectively. The liability is considered objective,
so that the party who suffered damage is not required to prove the fault of the
137 Art. 11 § 4 L. 2472/1997.
138 DPA Decision no. 19/2008.
139 Articles 57 and 59 CC.
140 Articles 914 and 932 CC.
141 Art. 14 L. 2472/1997.
142 Art. 23 L. 2472/1997 and Art. 14 L. 3471/2006.
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may be released from the obligation to inform the data subject about the contents of
personal data collected and the purpose of processing upon decision by the Data
Protection Authority.
137 In a case regarding a Greek Coastal Guard’s request
addressed to providers of telecommunication services to disclose personal data of
their subscribers, which were necessary for the Coastal Guard to exercise its law
enforcement task, the Data Protection Authority based on the fact that the enforcement tasks of the Coastal Guard concern the national security and the detection of
serious crimes, considered the subscribers’ consent not necessary for processing and
released the providers of his/her obligation to inform their subscribers for the
disclosure of the data requested.
138
2.5 Remedies and Sanctions
Remedies and sanctions are provided for by the common Greek legislation as well as
by the special legislation on personal data protection. The civil and criminal sanctions are imposed by courts and the administrative sanctions by the Data Protection
Authority.
2.5.1 Civil Sanctions
The person affected by unlawful processing of his/her personal data is protected,
firstly, on the basis of the provisions of the Greek Civil Code regarding the right to
personality.
139 Regarding the violation of personality, the person has the right to
claim the cessation of the violation and the refrain thereof in the future. In addition,
one has the right to damages and compensation for moral damage.
140
Furthermore, on the basis of the Greek data protection legislation, the data subject
has a right to provisional judicial protection.
141 Moreover, civil law sanctions are
provided for breach of data protection legislation.
142 Any individual or legal entity
of private law that causes material damage or non-material damage shall be liable for
damages in full or compensation, respectively. The liability is considered objective,
so that the party who suffered damage is not required to prove the fault of the
137 Art. 11 § 4 L. 2472/1997.
138 DPA Decision no. 19/2008.
139 Articles 57 and 59 CC.
140 Articles 914 and 932 CC.
141 Art. 14 L. 2472/1997.
142 Art. 23 L. 2472/1997 and Art. 14 L. 3471/2006.
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