HDPA (Greece)

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

Ampelokipi Athens


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: n/a

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[edit | edit source]

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Procedural Information[edit | edit source]

Applicable Procedural Law[edit | edit source]

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[edit | edit source]

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[edit | edit source]

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Appeals[edit | edit source]

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[edit | edit source]

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Statistics[edit | edit source]

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