HDPA (Greece) - 26/2023

HDPA - 26/2023
Authority:	HDPA (Greece)
Jurisdiction:	Greece
Relevant Law:	Article 15 GDPR Article 2 par. 8 of National Law 3051/2002 Article 24 par. 1 of National Law 2690/1999
Type:	Complaint
Outcome:	Rejected
Started:	14.06.2023
Decided:	14.06.2023
Published:	26.06.2023
Fine:	n/a
Parties:	n/a
National Case Number/Name:	26/2023
European Case Law Identifier:	n/a
Appeal:	n/a
Original Language(s):	Greek
Original Source:	HDPA (in EL)
Initial Contributor:	Anastasia Tsermenidou

The Greek DPA held that genealogical research on a family surname did not fall within the scope of Article 15 GDPR, as "personal data concerning [the data subject]," because the data subject requested access to the Directorate's entire database (containing other data subject's personal data), not access to data directly relating to him.

English Summary

Facts

On 5 August 2022, the data subject filed a complaint against the Directorate of Primary Education.

The data subject wanted to conduct a genealogical investigation on his family surname. He sent an email to the Directorate of Primary Education (the controller), requesting access to their pupil registration database to search the entries of his surname therein. In addition, the data subject requested in his complaint that the Authority order the Directorate of Primary Education to allow him immediate research access to the books of the closed/abolished Primary School's curriculum, to research the surname entries in them. The controller replied that they were only able to provide him with numerical data (number of pupils per year) and not the names, as this would be an unlawful disclosure of personal data.

The Authority dismissed the complaint, holding that there was no violation of the data subject's rights and that access requests for research purposes was not within the competence of the Authority to order. In particular, the Authority considered that his request to the controller (Directorate Primary Education) did not constitute an exercise of the right of access to personal data concerning him/her under Article 15 GDPR, but a request to carry out scientific research.

On 26 October 2022, the data subject lodged an objection to the decision and a request for a review of his case, in which he alleged that his request was "not a request to carry out scientific research, but a personal genealogical research, which is far from scientific research and the data in the requested search concern him and thus fall under Article 15 GDPR."

Holding

The DPA rejected the request for review. Genealogical research on a family surname did not fall within the scope of Article 15 GDPR, as "personal data concerning [the data subject]." The data subject's request was not an access request for the purposes of Article 15 GDPR. He requested access to the Directorate's entire database (containing other data subject's personal data), not access to data directly relating to him.

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English Machine Translation of the Decision

The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.

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Ave. Kifissia 1-3, 11523 Athens, Greece
TEL: 210 6475 600 - E: contact@dpa.gr - www.dpa.gr
Athens, 26-06-2023
No: 1629
Decision 26/2023
(Section)
The Personal Data Protection Authority met in composition
Department by teleconference on 14-06-2023 at the invitation of the Chairperson
of the Authority, in order to examine the case referred to in the background of the present case.
In attendance were George Batzalexis, Deputy Chairman, who was unable to attend
Chairman of the Authority, Konstantinos Menoudakou, the alternate members
Demosthenes Vougioukas and Maria Psalla as Rapporteur, replacing
Mr Konstantinos Lambrinoudakis and Mr Gregorios Tsolias, as Rapporteur, in place of the full members
who, although legally invited in writing, were unable to attend due to their absence. At
Anastasia Kaniklidou, lawyer, was present at the meeting at the request of the President.
lawyer, as assistant rapporteur, and Irini Papageorgopoulou, as rapporteur,
an official of the Administrative Affairs Department of the Authority, acting as Secretary.
The Authority took note of the following:
The Authority received the objection of Mr A (ref. C/EIS/11343/26-10-2022), which
A's objection, which has the status of a request for treatment, against the act of filing of 25-10-2022 of the case
C/EIS/9383/05-08-2022, which was notified to him
by means of the Authority's letter of transmittal with the protocol number C/EΞ/2714/26-10-2022.
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In particular, the Authority received a complaint under file number G/EIS/9383/05-08-2022
A's complaint against the Director of Primary Education P.E. X. By the aforementioned
aforementioned complaint, the complainant (and already applicant) states that in the context of a
a genealogical research carried out on his surname, he requested by means of a mailing
by sending an e-mail message on 12-07-2022 (under file number 5254/13-07-
2022) from the Directorate of Primary Education P.E. X to allow him to
to investigate, inter alia, the Course Catalogue and Certificate Book
of the closed/abolished from 19.. Primary School ... of the province of ...
X, looking for the records of the name A. The complained (and already in the
the petitioner) replied to the complainant on 04-08-2022 by letter no.
5702/04.08.2022, stating - inter alia - that she has
it was able to provide him with only numerical data (number of pupils per year)
and not personal data (full names of pupils, grades, family data, etc.)
family data, gender, etc.). In addition, the complainant (and already applicant) requests in the complaint
the Authority to order the Directorate of Primary Education P.E.X. to
to be granted immediate research access to the textbooks and B.P.S. books of the
the closed/defunct primary school ... X, as regards the research on
the synonymous records therein.
Subsequently, the Authority, after examining the above complaint, and having taken into account
all the documents submitted by the complainant, has adopted the
aforementioned filing act dated 25-10-2022, placing the above-mentioned
the above-mentioned complaint on the grounds that, on the one hand, there was no infringement of a right to
the data subject's right to data protection, on the other hand, due to the fact that it was not within the competence of the
Authority. In particular, the Authority considered that, as it emerged from the Authority's letter No.
C/EIS/11169/20-10-2022 supplementary document of the complainant (and already
applicant), his request to the complainant controller (Address
Primary Education X) does not constitute an exercise of the right under Article 15 of the GDPR
right of access to personal data concerning him or her, but a request
a request to carry out scientific research. Moreover, as regards the second ground of the
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of the filing act, since it has been pointed out that, with regard to personal data
deceased persons, the GDPR does not apply (see Recital 27 of the GDPR), the Authority further
noted that with regard to the processing of personal data of living persons, as it has
Authority's Decision 52/2018, it is not obliged to respond to the
questions and requests from either the data controllers or the data subjects
data controllers or data subjects or third parties, on issues relating to the processing of personal data, which
not falling within its competences under the GDPR, for which
which are the exclusive responsibility of the controller, in accordance with the
principle of accountability (Article 5(2) of the GDPR).
to issue an authorisation to the controller in order to provide data
to a researcher or to collect primary sensitive data for historical or
scientific purposes.
Subsequently, the complainant (and already applicant) submitted the present case number
Protocol C/EIS/11343/26-10-2022 objection-request for a review of the case
which has the status of a request for treatment, in which he briefly alleges,
inter alia, the following:
- his application to the complainant is not a request for a scientific
but rather a personal genealogical research, which is far from scientific, and which is not a request for scientific research.
It is not a scientific inquiry.
- the data of the requested search concern him and constitute his right
to access his family's historical past, and he requests a review of the data
and requests its reconsideration.
The Authority, after examining the evidence in the file and after hearing the rapporteur
and the clarifications of the Assistant Rapporteur, who was present without the right to vote,
after a thorough discussion,
HAS CONCLUDED IN ACCORDANCE WITH THE LAW
1. Because Article 2 para. 8 of Law 3051/2002 on 'Constitutionally
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independent authorities, amendment and supplementation of the system
recruitment in the public sector and related provisions', adopted in implementation of
Article 101 A of the Constitution stipulates that "8. Against the enforceable decisions of
independent authorities may be subject to an application for annulment before the Council of the
and the administrative appeals provided for in the Constitution and the law may be lodged with the Council of State.
appeals. Appeals against the decisions of the independent authorities may be
may also be exercised by the Minister responsible in each case. Article 24 par. 1 of Law No.
2690/1999 (CCP) provides that 'Where the relevant provisions do not provide for the
the possibility of exercising the special administrative or judicial remedy provided for in the following article
action, the person concerned, in order to obtain compensation for material or moral damage to the
interests caused by an individual administrative act may, for the purpose of
for any reason whatsoever, at his request, either by the administrative authority which
the administrative authority which issued the act, for its revocation or modification (application for reparation), or
the authority which presides over the authority which issued the act (application for annulment); or
appeal)'. In the true sense of the provision, the purpose of an application for reparation is
to revoke or amend the contested individual administrative act in respect of legal or administrative
defects in law or in fact relating to the situation in which it was adopted.
2. Because the above provisions of Article 24 of the Code establish a right
any 'interested' administrative person who has suffered material or non-material damage as a result of
individual administrative act, to bring an action against the authority which adopted that act
before having recourse to judicial protection (simple administrative appeal, otherwise known as an application for judicial review).
remedy). This is an 'informal' administrative remedy as opposed to a formal administrative remedy
'special' and 'interlocutory' appeals under Article 25 of the Code of Administrative Procedure. This appeal
seeks the revocation or amendment of the individual decision referred to above.
administrative act in order to remedy the material or non-material damage to the legal rights of the persons concerned.
interests of the applicant caused by the administrative act, in the following cases
where the law does not provide for the possibility of bringing such actions
of Article 25 of the Code of Civil Procedure1.
1 See, by way of example, the Authority's Decision No 73/2018.
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3. As is clear from the content of the application under consideration, the applicant
complains about the legal correctness of the filing act and reiterates
the allegations of his complaint as set out in the background of this
but which have been examined and assessed in the context of the adoption of the
the contested filing act. In any event, the applicant does not plead
or adduce new and substantial evidence in support of his claims, since
the assessment of which could, under the conditions laid down by law, give rise to
a different assessment.
4. In particular, with regard to what is stated in the present application
(treatment) on the jurisdiction of the Authority, the GDPR provides, in principle, for a presumption of
The presumption of compatibility for the processing of personal data for scientific
or historical research (as further processing of data for the purposes of
such purposes is not considered incompatible with the original purposes for which
data were collected) but the controller must, on the basis of the principle
accountability (Articles 5(2) and 24 of the GDPR), to examine for himself the possibility of
to allow someone to have access to his or her records or to collect
primary data for research or statistical purposes, where the Authority has not
no longer have the power to issue an authorisation to the controller in order to
to provide data to a researcher or to primarily collect sensitive data for
historical or scientific purposes. In order for the applicant to have access to
access to specific documents containing his or her personal data, he or she should as
data subject should address the controller by exercising his or her right to access documents by
in an appropriate manner the right of access to personal data concerning him or her
data relating to him or her in accordance with Article 15 of the GDPR.
5. Therefore, the Authority maintains the filing act of 25-10-2022 that
the Authority maintains its decision to terminate the filing order of 25-25-2022 sent to the existing applicant by letter No C/EX/2714/26-10-2022,
the reasons for which are set out below.
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FOR THESE REASONS
The Authority
Rejects the request for treatment of the applicant with file number C/EIS/11343/26-10-2022
Α.
THE VICE-PRESIDENT THE SECRETARY
Georgios Batzalexis Irene Papageorgopoulou