HDPA (Greece) - 3/2022
| HDPA - 3/2022 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 4(7) GDPR Article 15 GDPR Article 18 GDPR Article 58(2)(f) GDPR National Law 3917/2011 Article 6 National Law 4624/2019 Article 15 National Law 4624/2019 Article 18 |
| Type: | Other |
| Outcome: | n/a |
| Started: | |
| Decided: | |
| Published: | |
| Fine: | n/a |
| Parties: | n/a |
| National Case Number/Name: | 3/2022 |
| European Case Law Identifier: | n/a |
| Appeal: | n/a |
| Original Language(s): | Greek |
| Original Source: | HDPA (in EL) |
| Initial Contributor: | Anastasia Tsermenidou |
The DPA ordered electronic communication service providers to suspend the processing of the destruction of data related to telephone numbers which have been processed until a new decision of the DPA is adopted.
English Summary
Facts
The complainant received on his mobile telephone number two short text messages (SMS) intended to misleading him to follow hyperlinks through which there is installation of spy software. The complainant made a request to exercise the right of access under the Article 15 of the GDPR and the right to restriction under Article 18 of the GDPR to the mobile telephone service providers. These providers answered that the critical data have already been extracted and handed over to competent authorities and therefore no there is no question of its destruction. During the sending and use of SMS are generated and processed traffic and location data which, if they refer to a natural person, constitute personal data. Sending SMS can be carried out in a way that allows the modification of the information of the sender of a message (spoofing technique), in particular through gateways, while SMS messages may be introduced into the network of a mobile telephone service provider via interconnected international networks. According to Article 6 of National Law 3917/2011, the records kept for the purposes of law are kept for a period of 12 months from the date of the communication and are destroyed at the end of the period of retention by an automated procedure by the provider, unless except those to which access has been lawfully obtained. Considering these facts, the SMS would be destroyed after the end of the above mentioned period. Hence, the DPA in order to exercise its supervisory powers and to ensure that the rights of the data subject are protected, ordered the electronic communication service providers to retain and not delete the above data personal data (traffic and location data).
Holding
The DPA in order to exercise its supervisory powers and to ensure that the rights of the data subject are protected, ordered the electronic communication service providers to retain and not delete the above data personal data (traffic and location data), until the DPA released new decision.
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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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