HDPA (Greece): Difference between revisions

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|Deputy:||n/a
|Deputy:||n/a
|-
|-
|Adress:||Kifisias Av. 1-3, PC 11523  
|Address:||Kifisias Av. 1-3, PC 11523  


Ampelokipi Athens
Ampelokipi Athens
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|Procedural Law:||[[HDPA (Greece)#Applicable Procedural Law|See here]]
|Procedural Law:||[[HDPA (Greece)#Applicable Procedural Law|See here]]
|-
|-
|Decision Database:||[https://www.dpa.gr/portal/page?_pageid=33,15453&_dad=portal&_schema=PORTAL Link]
|Decision Database:||[https://www.dpa.gr/el/enimerwtiko/prakseisArxis Link]
|-
|-
|Translated Decisions:||[[:Category:HDPA (Greece)]]
|Translated Decisions:||[[:Category:HDPA (Greece)]]
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|Head Count:||n/a
|Head Count:||n/a
|-
|-
|Budget:||n/a
|Budget:||The approved budget for 2023 amounts to €2,219,000
|}
|}


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===Complaints Procedure under Art 77 GDPR===
===Complaints Procedure under Art 77 GDPR===
The steps of the procedure before the DPA are established with the RODPA and are also set out on the DPA’s webpage under the sub-section “Complaint before the Authority” (“Καταγγελία στην Αρχή”).  
The steps of the procedure before the DPA are established with the RODPA and are also set out on the DPA’s webpage under the sub-section “Complaint before the Authority” (''Καταγγελία στην Αρχή'').  


*Before submitting a complaint, the data subject is strongly advised to appeal to the controller or the DPO of the controller (if any) and exercise their rights.
*Before submitting a complaint, the data subject is strongly advised to appeal to the controller or the DPO of the controller (if any) and exercise their rights.
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*The complaint can be submitted by means of:  a) e-mail; b) signing up in the DPA’s portal and attaching the complaint; c) post; d) in person at DPA’s offices and e) fax.
*The complaint can be submitted by means of:  a) e-mail; b) signing up in the DPA’s portal and attaching the complaint; c) post; d) in person at DPA’s offices and e) fax.
*The data subjects should use specific application forms provided by the DPA for different types of complaint and they should fill in the mandatory fields.
*The data subjects should use specific application forms provided by the DPA for different types of complaint and they should fill in the mandatory fields.
*If a complainant is not following the mentioned steps it is likely that the DPA will not examine the complaint.
*If a complainant has not followed the mentioned steps, it is likely that the DPA will not examine the complaint.
*The data subjects are entitled to mandate an NGO, which has been established and lawfully operates in Greece, to file a complaint on their behalf and exercise on their behalf all rights foreseen under Articles 77 and 78 GDPR and Article 20 of L. 4624/2019. The mandate shall be given with a specific written power of attorney which bears an authenticity of the signature of the appointing data subject. The signature is authenticated by any Greek administrative authority or the citizens’ service centre (“Κέντρο Εξυπηρέτησης Πολιτών”). Withdrawing the mandate can be done at any time, in whole or in part.
*The data subjects are entitled to mandate an NGO, which has been established and lawfully operates in Greece, to file a complaint on their behalf and exercise on their behalf all rights foreseen under Articles 77 and 78 GDPR and Article 20 of L. 4624/2019. The mandate shall be given with a specific written power of attorney which bears an authenticity of the signature of the appointing data subject. The signature is authenticated by any Greek administrative authority or the citizens’ service centre (''Κέντρο Εξυπηρέτησης Πολιτών''). Withdrawing the mandate can be done at any time, in whole or in part.
*With every complaint, a new case is created that is assigned to a specific rapporteur.
*With every complaint, a new case opens and is assigned to a specific rapporteur.
*The DPA informs the complainant for the unique code of his/her case, the case’s unique PIN (for the call centre) and the name of the rapporteur.
*The DPA informs the complainant of the unique code of his/her case, the case’s unique PIN and the name of the rapporteur.
*The case is examined/investigated by the rapporteur.
*The case is examined/investigated by the rapporteur.
*The president of the DPA and/or the rapporteur may invite any complainant to provide oral or written clarifications when necessary.
*The president of the DPA and/or the rapporteur may invite the complainant to provide oral or written clarifications when necessary.
*The DPA may close the file of complaints that are vague, manifestly unfounded or have been submitted abusively, especially due to repetitive pattern or when they are anonymous or do not include the mandatory information requested in the application form. The person concerned is always notified.
*The DPA may close the file of complaints that are vague, manifestly unfounded or have been submitted abusively, particularly due to repetitive pattern or when they are anonymous or do not include the mandatory information requested in the application form. The person concerned is always notified.
*During the investigation the complainant can receive information regarding the investigation within reasonable time.
*During the investigation the complainant can ask for and receive information regarding the investigation within reasonable time.
*The DPA shall meet in plenary session and section. It is composed of three members or alternate members and is chaired by the President or its Deputy. The decisions of the section shall be taken by a majority of three members. In case of a tie the case is referred to the plenary. The section may refer a case to the plenary, which has always the power to revoke or amend decisions of its own motion.
*The DPA shall meet in plenary session and section. It is composed of three members or alternate members and is chaired by the President or its Deputy. The decisions of the section shall be taken by a majority of three members. In case of a tie the case is referred to the plenary. The section may refer a case to the plenary, which has always the power to revoke or amend decisions of its own motion.
*When the DPA meets to impose sanctions, the decision is issued after a public hearing. Under specific conditions the hearing can be secret.
*When the DPA meets to impose sanctions, the decision is issued after a public hearing. Under specific conditions the hearing may be secret.
*For an administrative fine to be issued, the defendant (or his representative or his lawyers) must be first invited to give explanations for the context of the complaint. The defendant may be invited to submit a written defence within specific deadline.
*For an administrative fine to be issued, a prior invitation of the defendant (or his representative or his lawyer) to give explanations for the context of the complaint is needed. The defendant may be invited to submit a written defence within specific deadline.
*The DPA may invite any complainant to provide written or oral clarifications when necessary. The rapporteur may also invite them for the same reason at the stage of investigation.
*The DPA may invite the complainant to provide written or oral clarifications when necessary. The rapporteur may also invite them for the same reason during the investigation.
*The Authority may give an audience to representatives of interested consumer organizations, associations and other bodies to express views on matters within its competence.
*The Authority may give an audience to representatives of interested consumer organizations, associations and other bodies to express views on matters within its competence.
*Documents submitted must be original, otherwise: a) if they are issued by a public/administrative authority they can be submitted as copies; b) if they are private they must be copies certified by lawyer; c) if they are copies of documents issued by foreign authorities, they must be certified by lawyer and when necessary bear apostille.
*Documents submitted must be original, otherwise: a) if they are issued by a public/administrative authority they can be submitted as copies; b) if they are private they must be copies certified by lawyer; c) if they are copies of documents issued by foreign authorities, they must be certified by lawyer and when necessary bear an apostille.
*The decision-making conference shall be held either immediately after the debate or at a time specified by the President.
*The decision-making conference shall be held either immediately after the debate or at a time specified by the President.
*Decisions of the Authority shall be taken by a majority of at least four members. In the event of a tie, the President's vote shall prevail.
*Decisions shall be taken by a majority of at least four members. In the event of a tie, the President's vote shall prevail.
*The decision is published except for cases where there is impediment of a member of the DPA. The DPA’s response or decision is always forwarded to the complainant.
*Decisions are published except for cases where there is impediment of a DPA's member. The DPA’s response or decision is always forwarded to the complainant.
*The DPA may also forward the case to the competent public prosecutor.
*The DPA may also forward the case to the competent public prosecutor.


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===Appeals===
===Appeals===
The decisions of the DPA may be subject to cancellation request which is submitted to the Council of State, which is the Supreme Administrative Court.     
The DPA's decisions may be subject to cancellation request submitted before the Council of State (''Συμβούλιο της Επικρατείας''), which is the Supreme Administrative Court of Greece.     


The cancellation request can be submitted by a natural or legal person whom the contested act regards or who proves direct legitimate interest, even if it is not of economic nature. The application must be signed by lawyer who shall represent the complainant. If the complainant signs the application, then the submission is lawful only if a lawyer represents them at the hearing before the Court.     
The cancellation request may be submitted by a natural or legal person whom the contested act regards or who proves direct legitimate interest, even if it is not of economic nature.    
 
The application must be signed by lawyer who shall represent the complainant. If the complainant signs the application, then the submission is lawful only if a lawyer represents them at the hearing before the Court.     


The deadline for the submission is 60 days starting from the day following the notification of the contested act or its publication, if the publication is enforced by the law or otherwise since the applicant has become fully aware of the act.   
The deadline for the submission is 60 days starting from the day following the notification of the contested act or its publication, if the publication is enforced by the law or otherwise since the applicant has become fully aware of the act.   


The enforcement of a DPA decision shall not be suspended during the deadline for the submission of the cancellation request. The complainant can submit an additional request to the Court asking for suspension.     
The enforcement of a DPA decision shall not be suspended during the deadline for the submission of the cancellation request. The complainant may submit an additional request to the Court asking for suspension.     


Anyone who proves legitimate interest may intervene in the proceedings but only in order to support the validity of the contested act.   
Anyone who proves legitimate interest may intervene in the proceedings but only in order to support the validity of the contested act.   


The decision that accepts the cancellation request means its legal annulment against everyone concerned. The decision that rejects the cancellation request does not preclude the exercise of this remedy against the same act by another person who is entitled to. Any third party that is affected by the Court decision and did not intervene in the proceedings nor was the decision lawfully notified to him prior the hearing, may challenge the decision within 60 days starting from the day of its notification to the third party or otherwise from the day that the third party became fully aware of it.   
The decision that accepts the cancellation request implies its legal annulment against everyone concerned.  
 
The decision that rejects the cancellation request does not preclude the exercise of this remedy against the same act by another person who is entitled to.  
 
Any third party that is affected by the Court decision and did not intervene in the proceedings nor was the decision lawfully notified to him prior to the hearing, may challenge the decision within 60 days starting from the day of its notification to the third party or otherwise from the day that the third party became fully aware of it.   


The preliminary procedure, including filing of submissions and memoranda, is written, while the procedure before the audience is oral.   
The preliminary procedure, including filing of submissions and memoranda, is written, while the procedure before the audience is oral.   
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==Practical Information==
==Practical Information==
''You can help us filling this section!''
''You can help us filling this section!''
=== Filing with the DPA ===
The '''Hellenic Data Protection Authority''' (HDPA) has developed an exceptional web application for individuals to file complaints, report data violations, and submit the necessary documents. This unique application, provided by a Data Protection Authority, offers a remarkably easy and straightforward process. With this system, individuals can effortlessly navigate through the steps, ensuring a seamless experience while filing their complaints.
Additionally, the application allows users to track the status of their complaint, providing transparency and reassurance. The HDPA's commitment to providing such a user-friendly and efficient filing system sets a commendable precedent among DPAs, promoting accessibility and empowering individuals to exercise their data protection rights.
At present, the HDPA web application is exclusively available in the Greek language:  https://www.dpa.gr/el/syndesi/prosvasi
=== Known Problems ===
'''<big>Staff Shortage</big>'''
During the HDPA's event dedicated to Data Protection Day 2023, a significant concern that was highlighted is the staff shortage issue faced by the Hellenic Data Protection Authority (HDPA). Dr. Giorgos Rousopoulos, representing the Scientific Personnel Association of the HDPA, addressed the audience and expressed his views on the matter. He emphasized that despite the critical role of the HDPA as a prominent public service institution, its Secretariat remains exceptionally small.
The workload has become increasingly demanding, and specialized scientists are responsible for preparing every aspect of the authority's main tasks, both in Greece and across Europe. Over the past decade, the scientists of the HDPA have supported its functioning without any new additions, despite numerous resignations and departures. Although the recent recruitment of 13 new scientists brought the total number closer to the levels of 2008, the absence of any salary differentiation, as seen in other authorities and services, is expected to lead to a new wave of resignations.
The proposals put forth by the President of the HDPA to improve the remuneration of the new colleagues seem to go unheard. The Association demands an immediate resolution to the salary issue concerning the specialized scientists of the HDPA and forewarns that it will intensify its mobilizations, seeking the support and understanding of all for any potential dysfunctions that may arise within the authority. Therefore, the staff shortage problem remains a significant challenge for the HDPA, impacting its ability to effectively carry out its data protection responsibilities.
=== Filing an Appeal ===
''You can help us filling this section!''
==Decision Database==
{| class="wikitable"
!2024
!2023
!2022
!2021
!2020
|-
|
|[https://gdprhub.eu/index.php?title=HDPA_(Greece)_-_36/2023 36/2023]
|69/2022
|60/2021
|58/2020
|-
|
|[[HDPA (Greece) - 35/2023|35/2023]]
|68/2022
|[[HDPA (Greece) - 57/2021|57/2021]]
|57/2020
|-
|
|[[HDPA (Greece) - 34/2023|34/2023]]
|67/2022
|[[HDPA (Greece) - 56/2021|56/2021]]
|56/2020
|-
|
|[[HDPA (Greece) - 33/2023|33/2023]]
|66/2022
|[[HDPA (Greece) - 55/2021|55/2021]]
|52/2020
|-
|
|[[HDPA (Greece) - 31/2023|31/2023]]
|[[HDPA (Greece) - 65/2022|65/2022]]
|54/2021
|46/2020
|-
|
|[[HDPA (Greece) - 30/2023|30/2023]]
|[[HDPA (Greece) - 64/2022|64/2022]]
|53/2021
|44/2020
|-
|
|[[HDPA (Greece) - 29/2023|29/2023]]
|63/2022
|[[HDPA (Greece) - 52/2021|52/2021]]
|43/2020
|-
|
|[[HDPA (Greece) - 28/2023|28/2023]]
|62/2022
|51/2021
|42/2020
|-
|
|[[HDPA (Greece) - 26/2023|26/2023]]
|[[HDPA (Greece) - 61/202234|61/2022]]
|[[HDPA (Greece) - 50/2021|50/2021]]
|41/2020
|-
|
|[[HDPA (Greece) - 25/2023|25/2023]]
|60/2022
|49/2021
|40/2020
|-
|
|[[HDPA (Greece) - 24/2023|24/2023]]
|59/2022
|[[HDPA (Greece) - 48/2021|48/2021]]
|[[HDPA - 39/2020|39/2020]]
|-
|
|23/2023
|58/2022
|47/2021
|[[HDPA - 38/2020|38/2020]]
|-
|
|[[HDPA (Greece) - 22/2023|22/2023]]
|57/2022
|46/2021
|[[HDPA - 37/2020|37/2020]]
|-
|
|[[HDPA (Greece) - 21/2023|21/2023]]
|56/2022
|45/2021
|36/2020
|-
|
|[[HDPA (Greece) - 20/2023|20/2023]]
|55/2022
|44/2021
|35/2020
|-
|
|19/2023
|54/2022
|43/2021
|34/2020
|-
|
|17/2023
|[[HDPA (Greece) - 53/2022|53/2022]]
|[[HDPA (Greece) - 42/2021|42/2021]]
|[[HDPA - 33/2020|33/2020]]
|-
|
|16/2023
|52/2022
|41/2021
|[[HDPA - 32/2020|32/2020]]
|-
|
|15/2023
|[[HDPA (Greece) - 51/2022|51/2022]]
|[[HDPA (Greece) - 40/2021|40/2021]]
|[[HDPA - 31/2020|31/2020]]
|-
|
|14/2023
|50/2022
|39/2021
|[[HDPA - 30/2020|30/2020]]
|-
|
|13/2023
|49/2022
|38/2021
|29/2020
|-
|
|12/2023
|48/2022
|37/2021
|28/2020
|-
|
|11/2023
|[[HDPA (Greece) - 47/2022|47/2022]]
|36/2021
|[[HDPA - 27/2020|27/2020]]
|-
|
|10/2023
|46/2022
|35/2021
|26/2020
|-
|
|9/2023
|45/2022
|33/2021
|25/2020
|-
|
|[[HDPA (Greece) - 7/2023|7/2023]]
|44/2022
|32/2021
|[[HDPA - 24/2020|24/2020]]
|-
|
|6/2023
|43/2022
|31/2021
|[[HDPA - 23/2020|23/2020]]
|-
|
|[[HDPA (Greece) - 5/2023|5/2023]]
|42/2022
|30/2021
|22/2020
|-
|
|[[HDPA (Greece) - 4/2023|4/2023]]
|[[HDPA (Greece) - 41/2022|41/2022]]
|29/2021
|21/2020
|-
|
|[[HDPA (Greece) - 2/2023|2/2023]]
|[[HDPA (Greece) - 39/2022|39/2022]]
|27/2021
|[[HDPA - 20/2020|20/2020]]
|-
|
|[[HDPA (Greece) - 1/2023|1/2023]]
|[[HDPA (Greece) - 38/2022|38/2022]]
|[[HDPA (Greece) - 26/2021|26/2021]]
|[[HDPA - 19/2020|19/2020]]
|-
|
|
|37/2022
|25/2021
|[[HDPA - 18/2020|18/2020]]
|-
|
|
|[[HDPA (Greece) - 36/2022|36/2022]]
|24/2021
|17/2020
|-
|
|
|[[HDPA (Greece) - 35/2022|35/2022]]
|[[HDPA (Greece) - 23/2021|23/2021]]
|14/2020
|-
|
|
|34/2022
|21/2021
|13/2020
|-
|
|
|32/2022
|20/2021
|12/2020
|-
|
|
|31/2022
|19/2021
|11/2020
|-
|
|
|30/2022
|18/2021
|[[HDPA - 10/2020|10/2020]]
|-
|
|
|29/2022
|17/2021
|9/2020
|-
|
|
|[[HDPA (Greece) - 28/2022|28/2022]]
|16/2021
|8/2020
|-
|
|
|27/2022
|15/2021
|7/2020
|-
|
|
|26/2022
|14/2021
|[[HDPA - 6/2020|6/2020]]
|-
|
|
|[[HDPA (Greece) - 25/2022|25/2022]]
|13/2021
|5/2020
|-
|
|
|[[HDPA (Greece) - 24/2022|24/2022]]
|12/2021
|[[HDPA - 4/2020|4/2020]]
|-
|
|
|23/2022
|11/2021
|[[HDPA - 3/2020|3/2020]]
|-
|
|
|22/2022
|10/2021
|[[HDPA - 2/2020|2/2020]]
|-
|
|
|21/2022
|9/2021
|1/2020
|-
|
|
|[[HDPA (Greece) - 20/2022|20/2022]]
|[[HDPA (Greece) - 8/2021|8/2021]]
|
|-
|
|
|19/2022
|7/2021
|
|-
|
|
|18/2022
|6/2021
|
|-
|
|
|17/2022
|5/2021
|
|-
|
|
|16/2022
|4/2021
|
|-
|
|
|15/2022
|3/2021
|
|-
|
|
|14/2022
|2/2021
|
|-
|
|
|13/2022
|1/2021
|
|-
|
|
|[[HDPA (Greece) - 12/2022|12/2022]]
|
|
|-
|
|
|11/2022
|
|
|-
|
|
|10/2022
|
|
|-
|
|
|9/2022
|
|
|-
|
|
|8/2022
|
|
|-
|
|
|7/2022
|
|
|-
|
|
|[[HDPA (Greece) - 6/2022|6/2022]]
|
|
|-
|
|
|5/2022
|
|
|-
|
|
|[[HDPA (Greece) - 4/2022|4/2022]]
|
|
|-
|
|
|[[HDPA (Greece) - 3/2022|3/2022]]
|
|
|-
|
|
|[[HDPA (Greece) - 2/2022|2/2022]]
|
|
|-
|
|
|[[HDPA (Greece) - 1/2022|1/2022]]
|
|
|}


==Statistics==
==Statistics==
'''<big><u>Year 2022</u></big>'''
* '''Complaints''': 876 appeals/complaints were processed
* '''Fines''': With 51 decisions fines of 30,060,00 euros were imposed
* '''Decisions''': 67
* '''Opinions''': 5
* '''Breach incidents''': 175 were announced incidents of breach based GDPR and 35 based on Law 3471/2006
* The approved budget for 2023 amounts to €2,219,000
'''<big><u>Year 2021</u></big>'''
* '''Complaints''': 811 appeals/complaints were processed
* '''Fines''': With 43 decisions fines of 414,000 euros were imposed
* '''Decisions''': 61
* '''Opinions''': 8
* '''Breach incidents''': 181 were announced incidents of breach based GDPR and 44 based on Law 3471/2006
* The approved budget for 2022 amounts to €2,523,000
'''<big><u>Year 2020</u></big>'''
* '''Complaints''': []
* '''Fines''': With 33 decisions fines of 90,500 euros were imposed
* '''Decisions''': []
* '''Opinions''': []
* '''Breach incidents''': []
=== Funding ===
''You can help us filling this section!''
=== Personal ===
''You can help us filling this section!''
=== Caseload ===
''You can help us filling this section!''
''You can help us filling this section!''
=== Fines ===
{| class="wikitable sortable mw-collapsible"
|+2023 (total of € 586.000)
!Company
!Date
!Decision no.
!Fine Amount
|-
|[https://www.alpha.gr/en Alpha Bank]
|23/11/2023
|[https://gdprhub.eu/index.php?title=HDPA_(Greece)_-_36/2023 36/2023]
|10.000
|-
|[https://www.alpha.gr/en Alpha Bank]
|05/12/2023
|[https://gdprhub.eu/index.php?title=HDPA_(Greece)_-_35/2023 35/2023]
|60.000
|-
|[https://publicity.businessportal.gr/company/162425301000 PEIRAIOS LEASING]
|10/11/2023
|[https://gdprhub.eu/index.php?title=HDPA_(Greece)_-_34/2023 34/2023]
|20.000
|-
|Municipality X
|07/11/2023
|[[HDPA (Greece) - 33/2023|33/2023]]
|5.000
|-
|Inter-municipal Water Supply - Sewerage Company X
|11/10/2023
|[[HDPA (Greece) - 31/2023|31/2023]]
|1.000
|-
|[https://www.oasa.gr Athens Urban Transport Organization (OASA)]
|25/09/2023
|[[HDPA (Greece) - 30/2023|30/2023]]
|50.000
|-
|[https://www.piraeusbank.gr/ Τράπεζα Πειραιώς Α.Ε (Piraeus Bank S.A.)]
|12/06/2023
|[[HDPA (Greece) - 25/2023|25/2023]]
|210.00
|-
|[https://nova.gr WIND Ελλάς Τηλεπικοινωνίες Α.Ε.Β.Ε. (Now: NOVA TELECOMMUNICATIONS & MEDIA ΜΟΝΟΠΡΟΣΩΠΗ Α.Ε.)]
|29/05/2023
|[[HDPA (Greece) - 20/2023|20/2023]]
|150.000
|-
|[http://www.vodafone.gr/ Vodafone – ΠΑΝΑΦΟΝ Α.Ε.Ε.Τ.]
|20/02/2023
|[[HDPA (Greece) - 7/2023|7/2023]]
|40.000
|-
|[http://www.vodafone.gr/ Vodafone – ΠΑΝΑΦΟΝ Α.Ε.Ε.Τ.]
|02/02/2023
|[[HDPA (Greece) - 5/2023|5/2023]]
|10.000
|-
|[https://www.piraeusbank.gr/ Τράπεζα Πειραιώς Α.Ε (Piraeus Bank S.A.)]
|02/02/2023
|[[HDPA (Greece) - 4/2023|4/2023]]
|30.000
|}
<small>Accounting style used is European  <code>€1.234.567,89 EUR</code></small>
=== Annual Reports ===
Official annual summary in <u>English</u> from the HDPA (Hellenic Data Protection Authority) dating back to 2018
* ''[https://www.dpa.gr/sites/default/files/2023-03/Summary%202021.pdf Summary of annual report 2021]''
* ''[https://www.dpa.gr/sites/default/files/2022-06/Summary%202020.pdf Summary of annual report 2020]''
* ''[https://www.dpa.gr/sites/default/files/2021-05/Summary%202019.pdf Summary of annual report 2019]''
* ''[https://www.dpa.gr/sites/default/files/2020-12/SUMMARY%202018_EN.PDF Summary of annual report 2018]''
You can find the official annual summary in <u>Greek</u> from the HDPA (Hellenic Data Protection Authority) dating back to 1999
* [https://www.dpa.gr/sites/default/files/2023-03/Annual%202021%20v2.0%20-%20Webpage.pdf Ετήσια έκθεση 2021]
* [https://www.dpa.gr/sites/default/files/2022-09/Annual%202020%20v2.0%20-%20Webpage.pdf Ετήσια έκθεση 2020]
* [https://www.dpa.gr/sites/default/files/2021-08/Annual%202019_Webpage.pdf Ετήσια έκθεση 2019]
* [https://www.dpa.gr/sites/default/files/2020-11/ANNUAL2018V30WEBPAGE_01.PDF Ετήσια έκθεση 2018]
* [https://www.dpa.gr/sites/default/files/2020-11/ANNUAL_2017_WEBPAGE.PDF Ετήσια έκθεση 2017]
* [https://www.dpa.gr/sites/default/files/2020-12/ANNUAL%202016%20V3.0%20WEB%20VIEW.PDF Ετήσια έκθεση 2016]
* [https://www.dpa.gr/sites/default/files/2020-12/ANNUAL%202015%20V2.0%20WEB%20VIEW2.PDF Ετήσια έκθεση 2015]
* [https://www.dpa.gr/sites/default/files/2020-12/ANNUAL_2014_V2.0_WEB_VIEW.PDF Ετήσια έκθεση 2014]
* [https://www.dpa.gr/sites/default/files/2020-12/ARXH%20PROSTASIAS_APOLOGISMOS%202013.PDF Ετήσια έκθεση 2013]
* [https://www.dpa.gr/sites/default/files/2020-12/ARXH%20PROSTASIAS%20APOLOGISMOS%202012_%20WEBUSE.PDF Ετήσια έκθεση 2012]
* [https://www.dpa.gr/sites/default/files/2020-12/ARXH_PROSTASIAS_2011.PDF Ετήσια έκθεση 2011]
* [https://www.dpa.gr/sites/default/files/2020-12/ETHSIA%20EKTHESI%202010.PDF Ετήσια έκθεση 2010]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_2009.PDF Ετήσια έκθεση 2009]
* [https://www.dpa.gr/sites/default/files/2020-12/ARXH%20PROSTASIAS%2008_FORWEB_REVISED.PDF Ετήσια έκθεση 2008]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_2007.PDF Ετήσια έκθεση 2007]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_2006.PDF Ετήσια έκθεση 2006]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_2005_0.PDF Ετήσια έκθεση 2005]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_2004_0.PDF Ετήσια έκθεση 2004]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_2003.PDF Ετήσια έκθεση 2003]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_2002_0.PDF Ετήσια έκθεση 2002]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_2001.PDF Ετήσια έκθεση 2001]
* [https://www.dpa.gr/sites/default/files/2022-04/annual_report_2000.pdf Ετήσια έκθεση 2000]
* [https://www.dpa.gr/sites/default/files/2020-12/DPA_ANNUAL_REPORT_1999.PDF Ετήσια έκθεση 1999]
=== Guidance Provided ===
'''<big>Online Toolkit of the byDesign project</big>'''
Facilitating GDPR compliance for SMEs and promoting Data Protection by Design in ICT products and services — byDesign. The Online Toolkit is available [https://bydesign.dpa.gr/questionnaires/fe630b8d-6dae-4537-b865-e8e924ebf344/EN here]
'''<big>Guidelines on cookies and trackers</big>'''
The Hellenic Data Protection Authority (HDPA) released guidelines in February 2020 to regulate the use of cookies and trackers on Greek websites. The guidelines aimed to address noncompliance with the EU General Data Protection Regulation. They require obtaining user consent for all non-essential trackers and provide specific standards for notice and consent mechanisms. Pre-ticked boxes and implied consent methods are deemed unlawful. The guidelines emphasize transparency, giving users clear options to accept or decline trackers without facing restrictions. Additionally, they outline practices that are considered unlawful, signaling a trend towards stricter rules on online trackers. [https://www.dpa.gr/sites/default/files/2020-12/Sistaseis_1_2020.pdf Read More] {{DataProtectionAuthorities}}

Latest revision as of 08:15, 25 April 2024

Αρχή προστασίας δεδομένων προσωπικού χαρακτήρα
LogoGR.jpg
Name: Αρχή προστασίας δεδομένων προσωπικού χαρακτήρα (ΑΠΔΠΧ)
Abbreviation : HDPA
Jurisdiction: Greece
Head: Konstantinos Menoudakos
Deputy: n/a
Address: Kifisias Av. 1-3, PC 11523

Ampelokipi Athens

GREECE

Webpage: dpa.gr
Email: contact@dpa.gr
Phone: +30 210 6475 600
Twitter: n/a
Procedural Law: See here
Decision Database: Link
Translated Decisions: Category:HDPA (Greece)
Head Count: n/a
Budget: The approved budget for 2023 amounts to €2,219,000

The Hellenic Data Protection Authority (Αρχή προστασίας δεδομένων προσωπικού χαρακτήρα) is the national Data Protection Authority for Greece. It resides in Athens and is in charge of enforcing GDPR in Greece, the Greek Data Protection Act 2019, the ePrivacy Directive implementation law and other provisions regarding the protection of personal data.

It was first established in 1997 and its role as an independent guardian of the protection of personal data in Greece is constitutionally established in Article 9A of the Greek Constitution.

Structure

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Procedural Information

Applicable Procedural Law

As an independent public authority, the Greek DPA needs to procedurally adhere to:

  • The current national legal framework for the protection of personal data is the Law 4624/2019 that adapted the GDPR provisions which had been left open for the national legislators;
  • The Regulation for the Operation of the Data Protection Authority (Κανονισμός Λειτουργίας της Αρχής Προστασίας ∆εδομένων Προσωπικού Χαρακτήρα, hereafter RODPA);
  • The Code of Administrative Process (Κώδικας Διοικητικής Διαδικασίας, hereinafter KDDiad);
  • The Presidential Order 18/1989 (Proedriko Diatagma 18/1989, hereafter PD 18/1989) which regulates the cancellation requests (appeals) of DPA’s decisions before the Greek Administrative Courts;
  • Additionally, the Law 3471/2006 that transposes the ePrivacy Directive and
  • The Law 3144/2003 (Article 8) regulates the administrative/criminal/civil sanctions from the DPA for the protection of employees personal data.

Complaints Procedure under Art 77 GDPR

The steps of the procedure before the DPA are established with the RODPA and are also set out on the DPA’s webpage under the sub-section “Complaint before the Authority” (Καταγγελία στην Αρχή).

  • Before submitting a complaint, the data subject is strongly advised to appeal to the controller or the DPO of the controller (if any) and exercise their rights.
  • If the issue is not resolved the data subject may submit a complaint before the DPA.
  • The complaint can be submitted by means of: a) e-mail; b) signing up in the DPA’s portal and attaching the complaint; c) post; d) in person at DPA’s offices and e) fax.
  • The data subjects should use specific application forms provided by the DPA for different types of complaint and they should fill in the mandatory fields.
  • If a complainant has not followed the mentioned steps, it is likely that the DPA will not examine the complaint.
  • The data subjects are entitled to mandate an NGO, which has been established and lawfully operates in Greece, to file a complaint on their behalf and exercise on their behalf all rights foreseen under Articles 77 and 78 GDPR and Article 20 of L. 4624/2019. The mandate shall be given with a specific written power of attorney which bears an authenticity of the signature of the appointing data subject. The signature is authenticated by any Greek administrative authority or the citizens’ service centre (Κέντρο Εξυπηρέτησης Πολιτών). Withdrawing the mandate can be done at any time, in whole or in part.
  • With every complaint, a new case opens and is assigned to a specific rapporteur.
  • The DPA informs the complainant of the unique code of his/her case, the case’s unique PIN and the name of the rapporteur.
  • The case is examined/investigated by the rapporteur.
  • The president of the DPA and/or the rapporteur may invite the complainant to provide oral or written clarifications when necessary.
  • The DPA may close the file of complaints that are vague, manifestly unfounded or have been submitted abusively, particularly due to repetitive pattern or when they are anonymous or do not include the mandatory information requested in the application form. The person concerned is always notified.
  • During the investigation the complainant can ask for and receive information regarding the investigation within reasonable time.
  • The DPA shall meet in plenary session and section. It is composed of three members or alternate members and is chaired by the President or its Deputy. The decisions of the section shall be taken by a majority of three members. In case of a tie the case is referred to the plenary. The section may refer a case to the plenary, which has always the power to revoke or amend decisions of its own motion.
  • When the DPA meets to impose sanctions, the decision is issued after a public hearing. Under specific conditions the hearing may be secret.
  • For an administrative fine to be issued, a prior invitation of the defendant (or his representative or his lawyer) to give explanations for the context of the complaint is needed. The defendant may be invited to submit a written defence within specific deadline.
  • The DPA may invite the complainant to provide written or oral clarifications when necessary. The rapporteur may also invite them for the same reason during the investigation.
  • The Authority may give an audience to representatives of interested consumer organizations, associations and other bodies to express views on matters within its competence.
  • Documents submitted must be original, otherwise: a) if they are issued by a public/administrative authority they can be submitted as copies; b) if they are private they must be copies certified by lawyer; c) if they are copies of documents issued by foreign authorities, they must be certified by lawyer and when necessary bear an apostille.
  • The decision-making conference shall be held either immediately after the debate or at a time specified by the President.
  • Decisions shall be taken by a majority of at least four members. In the event of a tie, the President's vote shall prevail.
  • Decisions are published except for cases where there is impediment of a DPA's member. The DPA’s response or decision is always forwarded to the complainant.
  • The DPA may also forward the case to the competent public prosecutor.

Ex Officio Procedures under Art 57 GDPR

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Appeals

The DPA's decisions may be subject to cancellation request submitted before the Council of State (Συμβούλιο της Επικρατείας), which is the Supreme Administrative Court of Greece.

The cancellation request may be submitted by a natural or legal person whom the contested act regards or who proves direct legitimate interest, even if it is not of economic nature.

The application must be signed by lawyer who shall represent the complainant. If the complainant signs the application, then the submission is lawful only if a lawyer represents them at the hearing before the Court.

The deadline for the submission is 60 days starting from the day following the notification of the contested act or its publication, if the publication is enforced by the law or otherwise since the applicant has become fully aware of the act.

The enforcement of a DPA decision shall not be suspended during the deadline for the submission of the cancellation request. The complainant may submit an additional request to the Court asking for suspension.

Anyone who proves legitimate interest may intervene in the proceedings but only in order to support the validity of the contested act.

The decision that accepts the cancellation request implies its legal annulment against everyone concerned.

The decision that rejects the cancellation request does not preclude the exercise of this remedy against the same act by another person who is entitled to.

Any third party that is affected by the Court decision and did not intervene in the proceedings nor was the decision lawfully notified to him prior to the hearing, may challenge the decision within 60 days starting from the day of its notification to the third party or otherwise from the day that the third party became fully aware of it.

The preliminary procedure, including filing of submissions and memoranda, is written, while the procedure before the audience is oral.

Practical Information

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Filing with the DPA

The Hellenic Data Protection Authority (HDPA) has developed an exceptional web application for individuals to file complaints, report data violations, and submit the necessary documents. This unique application, provided by a Data Protection Authority, offers a remarkably easy and straightforward process. With this system, individuals can effortlessly navigate through the steps, ensuring a seamless experience while filing their complaints.

Additionally, the application allows users to track the status of their complaint, providing transparency and reassurance. The HDPA's commitment to providing such a user-friendly and efficient filing system sets a commendable precedent among DPAs, promoting accessibility and empowering individuals to exercise their data protection rights.

At present, the HDPA web application is exclusively available in the Greek language: https://www.dpa.gr/el/syndesi/prosvasi

Known Problems

Staff Shortage

During the HDPA's event dedicated to Data Protection Day 2023, a significant concern that was highlighted is the staff shortage issue faced by the Hellenic Data Protection Authority (HDPA). Dr. Giorgos Rousopoulos, representing the Scientific Personnel Association of the HDPA, addressed the audience and expressed his views on the matter. He emphasized that despite the critical role of the HDPA as a prominent public service institution, its Secretariat remains exceptionally small.

The workload has become increasingly demanding, and specialized scientists are responsible for preparing every aspect of the authority's main tasks, both in Greece and across Europe. Over the past decade, the scientists of the HDPA have supported its functioning without any new additions, despite numerous resignations and departures. Although the recent recruitment of 13 new scientists brought the total number closer to the levels of 2008, the absence of any salary differentiation, as seen in other authorities and services, is expected to lead to a new wave of resignations.

The proposals put forth by the President of the HDPA to improve the remuneration of the new colleagues seem to go unheard. The Association demands an immediate resolution to the salary issue concerning the specialized scientists of the HDPA and forewarns that it will intensify its mobilizations, seeking the support and understanding of all for any potential dysfunctions that may arise within the authority. Therefore, the staff shortage problem remains a significant challenge for the HDPA, impacting its ability to effectively carry out its data protection responsibilities.

Filing an Appeal

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Decision Database

2024 2023 2022 2021 2020
36/2023 69/2022 60/2021 58/2020
35/2023 68/2022 57/2021 57/2020
34/2023 67/2022 56/2021 56/2020
33/2023 66/2022 55/2021 52/2020
31/2023 65/2022 54/2021 46/2020
30/2023 64/2022 53/2021 44/2020
29/2023 63/2022 52/2021 43/2020
28/2023 62/2022 51/2021 42/2020
26/2023 61/2022 50/2021 41/2020
25/2023 60/2022 49/2021 40/2020
24/2023 59/2022 48/2021 39/2020
23/2023 58/2022 47/2021 38/2020
22/2023 57/2022 46/2021 37/2020
21/2023 56/2022 45/2021 36/2020
20/2023 55/2022 44/2021 35/2020
19/2023 54/2022 43/2021 34/2020
17/2023 53/2022 42/2021 33/2020
16/2023 52/2022 41/2021 32/2020
15/2023 51/2022 40/2021 31/2020
14/2023 50/2022 39/2021 30/2020
13/2023 49/2022 38/2021 29/2020
12/2023 48/2022 37/2021 28/2020
11/2023 47/2022 36/2021 27/2020
10/2023 46/2022 35/2021 26/2020
9/2023 45/2022 33/2021 25/2020
7/2023 44/2022 32/2021 24/2020
6/2023 43/2022 31/2021 23/2020
5/2023 42/2022 30/2021 22/2020
4/2023 41/2022 29/2021 21/2020
2/2023 39/2022 27/2021 20/2020
1/2023 38/2022 26/2021 19/2020
37/2022 25/2021 18/2020
36/2022 24/2021 17/2020
35/2022 23/2021 14/2020
34/2022 21/2021 13/2020
32/2022 20/2021 12/2020
31/2022 19/2021 11/2020
30/2022 18/2021 10/2020
29/2022 17/2021 9/2020
28/2022 16/2021 8/2020
27/2022 15/2021 7/2020
26/2022 14/2021 6/2020
25/2022 13/2021 5/2020
24/2022 12/2021 4/2020
23/2022 11/2021 3/2020
22/2022 10/2021 2/2020
21/2022 9/2021 1/2020
20/2022 8/2021
19/2022 7/2021
18/2022 6/2021
17/2022 5/2021
16/2022 4/2021
15/2022 3/2021
14/2022 2/2021
13/2022 1/2021
12/2022
11/2022
10/2022
9/2022
8/2022
7/2022
6/2022
5/2022
4/2022
3/2022
2/2022
1/2022

Statistics

Year 2022

  • Complaints: 876 appeals/complaints were processed
  • Fines: With 51 decisions fines of 30,060,00 euros were imposed
  • Decisions: 67
  • Opinions: 5
  • Breach incidents: 175 were announced incidents of breach based GDPR and 35 based on Law 3471/2006
  • The approved budget for 2023 amounts to €2,219,000


Year 2021

  • Complaints: 811 appeals/complaints were processed
  • Fines: With 43 decisions fines of 414,000 euros were imposed
  • Decisions: 61
  • Opinions: 8
  • Breach incidents: 181 were announced incidents of breach based GDPR and 44 based on Law 3471/2006
  • The approved budget for 2022 amounts to €2,523,000


Year 2020

  • Complaints: []
  • Fines: With 33 decisions fines of 90,500 euros were imposed
  • Decisions: []
  • Opinions: []
  • Breach incidents: []

Funding

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Personal

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Caseload

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Fines

2023 (total of € 586.000)
Company Date Decision no. Fine Amount
Alpha Bank 23/11/2023 36/2023 10.000
Alpha Bank 05/12/2023 35/2023 60.000
PEIRAIOS LEASING 10/11/2023 34/2023 20.000
Municipality X 07/11/2023 33/2023 5.000
Inter-municipal Water Supply - Sewerage Company X 11/10/2023 31/2023 1.000
Athens Urban Transport Organization (OASA) 25/09/2023 30/2023 50.000
Τράπεζα Πειραιώς Α.Ε (Piraeus Bank S.A.) 12/06/2023 25/2023 210.00
WIND Ελλάς Τηλεπικοινωνίες Α.Ε.Β.Ε. (Now: NOVA TELECOMMUNICATIONS & MEDIA ΜΟΝΟΠΡΟΣΩΠΗ Α.Ε.) 29/05/2023 20/2023 150.000
Vodafone – ΠΑΝΑΦΟΝ Α.Ε.Ε.Τ. 20/02/2023 7/2023 40.000
Vodafone – ΠΑΝΑΦΟΝ Α.Ε.Ε.Τ. 02/02/2023 5/2023 10.000
Τράπεζα Πειραιώς Α.Ε (Piraeus Bank S.A.) 02/02/2023 4/2023 30.000

Accounting style used is European  €1.234.567,89 EUR

Annual Reports

Official annual summary in English from the HDPA (Hellenic Data Protection Authority) dating back to 2018


You can find the official annual summary in Greek from the HDPA (Hellenic Data Protection Authority) dating back to 1999

Guidance Provided

Online Toolkit of the byDesign project

Facilitating GDPR compliance for SMEs and promoting Data Protection by Design in ICT products and services — byDesign. The Online Toolkit is available here


Guidelines on cookies and trackers

The Hellenic Data Protection Authority (HDPA) released guidelines in February 2020 to regulate the use of cookies and trackers on Greek websites. The guidelines aimed to address noncompliance with the EU General Data Protection Regulation. They require obtaining user consent for all non-essential trackers and provide specific standards for notice and consent mechanisms. Pre-ticked boxes and implied consent methods are deemed unlawful. The guidelines emphasize transparency, giving users clear options to accept or decline trackers without facing restrictions. Additionally, they outline practices that are considered unlawful, signaling a trend towards stricter rules on online trackers. Read More

EU/EEA/UK Data Protection Authorities
Austria · Belgium · Bulgaria · Croatia · Cyprus · Czech Republic · Denmark · Estonia · Finland (Åland) · France · Germany (Baden-Württemberg · Bavaria, private sector · Bavaria, public sector · Berlin · Brandenburg · Bremen · Hamburg · Hesse · Lower Saxony · Mecklenburg-Vorpommern · North Rhine-Westphalia · Rhineland-Palatinate · Saarland · Saxony · Saxony-Anhalt · Schleswig-Holstein · Thuringia ) · Greece · Hungary · Ireland · Italy · Latvia · Lithuania · Luxembourg · Malta · Netherlands · Poland · Portugal · Romania · Slovakia · Slovenia · Spain (Basque Country · Catalonia · Andalusia)· Sweden
Iceland · Liechtenstein · Norway · United Kingdom EDPS · EDPB
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