HDPA (Greece)

Αρχή προστασίας δεδομένων προσωπικού χαρακτήρα
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 2022 amounts to €2,523,000

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

Year	Decision no.	Source link
2023
	25/2023
	24/2023
	23/2023
	20/2023
	19/2023
	17/2023
	16/2023
	15/2023
	14/2023
	13/2023
	12/2023
	11/2023
	10/2023
	9/2023
	7/2023
	6/2023
	5/2023
	4/2023
	2/2023
	1/2023

Year 2023

• 25/2023
• 24/2023
• 23/2023
• 20/2023
• 19/2023
• 17/2023
• 16/2023
• 15/2023
• 14/2023
• 13/2023
• 12/2023
• 11/2023
• 10/2023
• 9/2023
• 7/2023
• 6/2023
• 5/2023
• 4/2023
• 2/2023
• 1/2023

Year 2022

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

Year 2021

• 60/2021
• 57/2021
• 56/2021
• 55/2021
• 54/2021
• 53/2021
• 52/2021
• 50/2021
• 51/2021
• 50/2021
• 49/2021
• 48/2021
• 47/2021
• 46/2021
• 45/2021
• 44/2021
• 43/2021
• 42/2021
• 41/2021
• 40/2021
• 39/2021
• 38/2021
• 37/2021
• 36/2021
• 35/2021
• 33/2021
• 32/2021
• 31/2021
• 30/2021
• 29/2021
• 27/2021
• 26/2021
• 25/2021
• 24/2021
• 23/2021
• 21/2021
• 20/2021
• 19/2021
• 18/2021
• 17/2021
• 16/2021
• 15/2021
• 14/2021
• 13/2021
• 12/2021
• 11/2021
• 10/2021
• 9/2021
• 8/2021
• 7/2021
• 6/2021
• 5/2021
• 4/2021
• 3/2021
• 2/2021
• 1/2021

Year 2020

• 58/2020
• 57/2020
• 56/2020
• 52/2020
• 46/2020
• 44/2020
• 43/2020
• 42/2020
• 41/2020
• 40/2020
• 39/2020
• 38/2020
• 37/2020
• 36/2020
• 35/2020
• 34/2020
• 33/2020
• 32/2020
• 31/2020
• 30/2020
• 29/2020
• 28/2020
• 27/2020
• 26/2020
• 25/2020
• 24/2020
• 23/2020
• 22/2020
• 21/2020
• 20/2020
• 19/2020
• 18/2020
• 17/2020
• 14/2020
• 13/2020
• 12/2020
• 11/2020
• 10/2020
• 9/2020
• 8/2020
• 7/2020
• 6/2020
• 5/2020
• 4/2020
• 3/2020
• 2/2020
• 1/2020

Statistics

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

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

Company	Date	Decision	Fine Amount
Τράπεζα Πειραιώς Α.Ε (Piraeus Bank S.A.)	12/06/2023	25/2023	100.000
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

• Summary of annual report 2021
• Summary of annual report 2020
• Summary of annual report 2019
• Summary of annual report 2018

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

• Ετήσια έκθεση 2021
• Ετήσια έκθεση 2020
• Ετήσια έκθεση 2019
• Ετήσια έκθεση 2018
• Ετήσια έκθεση 2017
• Ετήσια έκθεση 2016
• Ετήσια έκθεση 2015
• Ετήσια έκθεση 2014
• Ετήσια έκθεση 2013
• Ετήσια έκθεση 2012
• Ετήσια έκθεση 2011
• Ετήσια έκθεση 2010
• Ετήσια έκθεση 2009
• Ετήσια έκθεση 2008
• Ετήσια έκθεση 2007
• Ετήσια έκθεση 2006
• Ετήσια έκθεση 2005
• Ετήσια έκθεση 2004
• Ετήσια έκθεση 2003
• Ετήσια έκθεση 2002
• Ετήσια έκθεση 2001
• Ετήσια έκθεση 2000
• Ετήσια έκθεση 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