HDPA (Greece) - 12/2026
From GDPRhub
| HDPA - 12/2026 | |
|---|---|
 | |
| Authority: | HDPA (Greece) |
| Jurisdiction: | Greece |
| Relevant Law: | Article 23(1)(a) GDPR Article 23(1)(c) GDPR Act 4624/2019 articles 54 (2), 55 (4) |
| Type: | Complaint |
| Outcome: | Rejected |
| Started: | 10.09.2025 |
| Decided: | 13.05.2026 |
| Published: | 01.07.2026 |
| Fine: | n/a |
| Parties: | A |
| National Case Number/Name: | 12/2026 |
| European Case Law Identifier: | n/a |
| Appeal: | Unknown |
| Original Language(s): | Greek |
| Original Source: | Hellenic DPA (in EL) |
| Initial Contributor: | Vasiliki Kalantzi |
The DPA rejected a foreign national’ s complaint seeking deletion from the National Registry of Undesirable Aliens, holding that his entry ban for national security reasons was lawful and classified data was properly withheld under GDPR.
English Summary
Facts
The complainant, a foreign national, submitted a complaint to the Hellenic DPA through his authorized attorney, seeking his deletion from the Hellenic the National Registry of Undesirable Aliens. In response to the Authority's request for clarifications, the competent Directorate of the Ministry of Citizen Protection informed the DPA that: • By a decision dated 27-07-2017, an entry ban and registration in the National Registry of Undesirable Aliens were imposed on the complainant for reasons of national security. • Following temporary 48-hour lifts of the measure for humanitarian reasons in 2019, the entry ban was re-imposed. • Subsequent decisions in 2020, 2023, and 2025 maintained the entry ban and renewed his registration in the National Registry of Undesirable Aliens for successive three-year periods, as the grounds for registration remained active. • The explicit grounds and documentation behind the registration were not disclosed to the complainant because the competent Directorate classified the file as restricted/classified service material. The complainant and his attorney attended a DPA hearing on 22-04-2026, arguing that the registration lacked specific, adequate, or definitive justification regarding any threat to public order or national security. They noted that the complainant has no criminal convictions, poses no threat, and possesses strong ties, residency, and business operations in the region of Northern Epirus and Greece, meaning the entry ban severely disrupts his professional and family life.
Holding
According to the provisions of Article 82(1) of Law 3386/2005, foreign nationals whose presence in Greek territory constitutes a threat to national security, public safety, or public order can be registered in the National Registry of Undesirable Aliens, with registrations subject to an ex officio review every three years. Furthermore, pursuant to the provisions of Article 54(2) and Article 55(4) of Law 4624/2019 (the Greek law implementing the GDPR), the data controller is legally empowered to restrict or omit the provision of information and to deny a data subject access to their personal data when dictated by reasons of national security or public order. These national provisions are explicitly anchored in Article 23 GDPR (specifically Article 23(1)(a)GDPR and Article 23(1)(c) GDPR), which permits Member State law to restrict the scope of the obligations and data subject rights (such as the right to be informed under Article 13 GDPR - Article 14 GDPR and the right of access under Article 15 GDPR) to safeguard national security and public security. In the present case, the evidence demonstrated that the complainant's initial registration and subsequent renewals in the National Registry of Undesirable Aliens were executed lawfully for reasons of national security. The Ministry of Citizen Protection, acting as the data controller, exercised its legal discretion under these frameworks to weigh these interests and correctly determined that the underlying operational decision constitutes classified material that cannot be disclosed to the data subject. Consequently, the fundamental principles of data protection law were not breached, and the Hellenic DPA rejected the complaint as unfounded.
Comment
Share your comments here!
Further Resources
Share blogs or news articles here!
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.
LAW NO. 4624/2019
(Government Gazette A’ 137/29.8.2019)
with all amendments incorporated
Personal Data Protection Authority, implementing measures of
Regulation (EU) 2016/679 of the European Parliament and of the Council
of 27 April 2016 on the protection of natural persons with regard to
the processing of personal data and integration into national
legislation of Directive (EU) 2016/680 of the European Parliament and of
the Council of 27 April 2016 and other provisions.
THE PRESIDENT
OF THE HELLENIC REPUBLIC
We hereby enact the following law passed by Parliament:
CHAPTER A
GENERAL PROVISIONS
Article 1
Purpose of the law
The purpose of this law is:
a) to replace the legislative framework regulating the establishment and operation of the Personal Data Protection Authority,
b) to take measures to implement Regulation (EU) 2016/679 of the European
Parliament and of the Council of 27 April 2016 on the protection of
natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation, hereinafter: GDPR),
c) the incorporation into national legislation of Directive (EU) 2016/680 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, and on the free movement of such data, and repealing Council Framework Decision 2008/977/JHA.
Article 2
Substantive scope
The provisions of this Regulation shall apply to the wholly or partly automated processing of Personal Data, as well as to the non-automated processing of such data, which are or are to be included in a filing system by:
a) public bodies or
b) private bodies, unless the processing is carried out by a natural person in the context of a purely personal or household activity.
Article 3
Territorial scope
The provisions of this Regulation shall apply to public bodies. They apply to private
entities if:
a) the controller or processor processes personal data within the Greek Territory,
b) the personal data are processed in the context of the
activities of an establishment of the controller or processor within the Greek Territory, or if
c) although the controller or processor is not established in a Member State of the European Union or in another contracting
state of the European Economic Area, it falls within the scope of the
GDPR.
Article 4
Definitions
For the purposes of this article, the following definitions apply:
a) “public body”: public authorities, independent and regulatory administrative authorities, legal entities under public law, local self-government bodies of first and second degree and their legal entities and undertakings, state or public undertakings and organisations, legal entities under private law that belong to the state or are subsidised by at least 50% of their annual budget or whose management is determined by it,
b) “private body”: a natural or legal person or an association of persons without legal personality, which does not fall within the meaning of “public body”,
c) “competent supervisory authority”: the Personal Data Protection Authority (hereinafter: Authority).Article 5
Legal basis for processing personal data by public bodies
Public bodies may process personal data where the processing is necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Article 6
Designation of the data protection officer in public bodies
1. Public bodies shall designate a data protection officer (hereinafter referred to as the DPO).
2. A single DPO may be designated for several public bodies, taking into account their organisational structure and size.
3. The DPO shall be selected on the basis of professional qualifications and, in particular, on the basis of his/her specialized knowledge of personal data protection law and practices, as well as on the basis of his/her abilities to perform the tasks referred to in Article 8.
4. The DPO may be an employee of the public body in any employment relationship or may perform his/her tasks under a service contract.
“5. The public body shall make the contact details of the DPO public.
It shall also notify the Authority of the name and contact details of the DPO.”
***Paragraph 5 was replaced as above by article 34 of Law 5002/2022 (Government Gazette A`
228/09.12.2022)
Article 7
Position of the DPO in public bodies
1. The public body shall ensure that the DPO participates duly and promptly in all
issues relating to the protection of personal data.
2. The public body shall support the DPO in the performance of the tasks referred to in article 8, by providing him with the necessary resources for
the performance of these tasks and access to personal data, processing, and for the maintenance of his specialist knowledge.
3. The public body shall ensure that the DPO does not receive orders in the performance of his/her duties, reports directly to the highest hierarchical body of the public body, is not dismissed or is subject to sanctions by the controller for performing his/her duties. 4. The termination of the employment contract of the DPO or the revocation of the assignment of his/her duties, in the event that he/she is also an employee of the public body, is permitted only for a serious reason. After the termination of his/her employment contract as a DPO, he/she may not be dismissed for one (1) year, unless the public body has a serious reason to terminate his/her contract. 5. Data subjects may consult the DPO on any matter relating to the processing of personal data and the exercise of their rights under the GDPR, this and other legislation on the protection of personal data. The DPO is obliged to maintain confidentiality regarding the identity of the data subjects and regarding the circumstances that allow conclusions to be drawn regarding the data subject, unless the identity of the subject is revealed by him.
6. If the DPO becomes aware of Personal Data in the course of his work, for which the head of the public body has the right to
refuse to testify as a witness for professional reasons, this right shall also apply to the DPO and his assistants.
Article 8
Duties of the DPO in public bodies
1. In addition to his/her duties under the GDPR, the DPO shall have at least the following tasks:
a) to inform and advise the public body and the employees who carry out the processing on their obligations under the provisions of this and any other legislation on the protection of personal data;
b) to monitor compliance with the provisions of this and any other legislation on the protection of personal data, and with the public body's policies in relation to the protection of personal data, including accountability, as well as the
related audits;
c) to provide advice on the impact assessment on the protection of personal data and monitor its implementation in accordance with Article 65;
d) to cooperate with the Authority;
e) to act as a contact point for the Authority on matters that concerning the
processing, including the prior consultation referred to in Article 67, and shall consult it, where appropriate, on
any other matter. 2. The tasks of the DPO who may be designated by judicial and prosecutorial authorities shall not concern processing operations carried out by judicial and prosecutorial authorities in the context of their judicial activities and tasks.
3. The DPO may also perform other tasks. The controller or the processor shall ensure that the exercise of those tasks does not give rise to a conflict of interests.
4. The DPO shall, when performing his or her tasks, take due account of the
risk presented by the processing, the nature, the scope, the context
and the purposes of the processing.
CHAPTER B
SUPERVISORY AUTHORITY
Article 9
Personal Data Protection Authority
The supervision of the implementation of the provisions of the GDPR, this and other
regulations concerning the protection of individuals with regard to the processing of personal data in the Greek Territory is exercised by the Authority
established by Law 2472/1997 (A 50). The Authority is an independent public
authority pursuant to Article 9A of the Constitution and is based in Athens.
Article 10
Competence
1. The Authority cooperates with the supervisory authorities of the Member States of the European
Union and with the European Commission.
2. The Authority represents Greece in the European Data Protection Board (the Board, hereinafter: EDPB) and in other committees or bodies dealing with the protection of personal data in which the participation of a national supervisory authority is provided for.
3. The Authority shall cooperate with corresponding authorities of third countries and international organizations in order to fulfil the objectives of Article 50 of the GDPR.
4. In cases where international or intergovernmental conventions or European Union law or national legislation provide for independent control or supervision, the Authority shall exercise the corresponding responsibilities and powers.
5. The Authority is not competent to control personal data processing operations carried out by the judicial and prosecutorial authorities in the context of their judicial function and judicial duties, as well as classified personal data processing operations carried out for activities relating to national security.
Article 11
Functional Independence
1. The Authority is composed of the President and six (6) members, who are appointed with
corresponding deputies. Their term of office is six years and cannot be
renewable.
2. As members, regular and alternate, individuals of recognized standing are selected,
who are distinguished for their scientific training and professional experience in areas related to the mission and responsibilities of the
Authority. A condition for selection as a member of the Authority is Greek citizenship.
3. The selection and appointment of the President, the members of the Authority and their deputies shall be carried out in accordance with the provisions of Article 101A of the Constitution.
4. The members of the Authority are senior state officials. They enjoy personal and operational independence and are not subject to hierarchical control or administrative control. They exercise their duties and powers without external influences, whether direct or indirect, and do not seek or receive instructions from anyone.
5. The President and the Deputy President have exclusive employment in the Authority. This capacity entails the suspension of any public function and professional activity.
[6. The members of the Authority shall not be liable to any third party for their acts or omissions in the exercise of their duties. They shall not be exempted from their liability to the Greek State for acts or omissions resulting from intent or gross negligence. The members of the Authority shall not be liable for the expression of an opinion or for an act or omission committed in the exercise of their duties, unless they acted with intent or gross negligence. The Authority may
undertake the expense of the legal defense of its members in the event of
an action being brought against them or criminal prosecution being brought against them for acts
or omissions relating exclusively to the performance of their official
duties.]
*** Par. 6 WAS REPEATED by par. 2 of article 123 5043/2023, Government Gazette A’
91/13.04.2023.
Article 12
Obstacles - incompatibilities of members of the Authority
1. The following persons may not be appointed as President, Deputy President or member of the
Authority: a) a minister, deputy minister, general or special secretary of a ministry or an independent
general or special secretariat and a member of parliament, and
b) anyone who is a manager or member of the management body of an enterprise,
which provides services related to the processing of personal data of
a nature or is linked to a work contract of a similar content.
2. Any
professional or other activity related to the responsibilities of
the Authority, with the exception of scientific and research activity, is incompatible with the status of member of the Authority.
Members of the Authority
are not allowed to appear before the Authority for two (2) years after the end of
their term of office.
3. Members of the Authority are allowed to exercise teaching staff duties at a university on a full-time or part-time basis.
4. Whoever, after his appointment:
a) Acquires one of the qualities that constitute an obstacle to appointment, in accordance with
paragraph 1.
b) Performs acts or undertakes any work or project or acquires another
quality that, in the opinion of the Authority, are incompatible with his duties as a member of the Authority.
5. The Authority shall determine the incompatibilities of the previous paragraph, without the participation of the member in whose person the incompatibility may arise. The Authority shall decide after hearing the member in question. The procedure shall be initiated by either the President of the Authority or the President of the Parliament.
Article 13
Duties of the Authority
1. In addition to its duties under Article 57 of the GDPR, the Authority:
a) shall be responsible for monitoring and implementing this and other
regulations concerning the protection of individuals with regard to the processing of personal data,
b) shall promote in an appropriate manner public awareness and understanding of
the risks, guarantees and rights relating to
the processing of personal data,
c) shall provide an opinion on any regulation to be included in a law or in a
regulatory act concerning the processing of personal data.
The consultation takes place during the preparation stage of the regulation in a time
and in a manner that enables the timely formulation of an opinion by the Authority and the relevant consultation on the content of the draft regulation,
d) issues Directives and makes recommendations on any issue concerning the
processing of personal data, without prejudice to the tasks
of the EDPB in accordance with Article 70 of the GDPR,
e) upon submission of a specific request, informs the subject of the
Personal Data on the exercise of his or her rights, in accordance with
this law and other regulations for the protection of individuals with regard to
the processing of personal data. For this purpose, it shall cooperate with supervisory authorities of other Member States of the European Union,
f) issue standard documents and complaint submission forms,
g) examine complaints submitted by the data subject or
by a body or organization or association and inform the complainant of the progress
and outcome of the investigation or audit within a reasonable period of time,
h) carry out, ex officio or following a complaint, investigations or audits for the
application of this law and other regulations concerning the protection
of individuals with regard to the processing of personal data, among
others and based on information from another public authority,
i) monitor relevant developments to the extent that they have an impact on
the protection of Personal Data, in particular developments in
information, communication technologies and commercial practices,
j) contribute to the activities of the EDPB.
2. In the exercise of its powers, the Authority shall file applications, queries or complaints that are deemed manifestly vague, unfounded or submitted abusively or anonymously. The Authority shall inform the data subjects and applicants of its actions. Without prejudice to the deadlines set out in the GDPR, the priority for examining applications, queries and complaints is assessed by the Authority based on the importance and general interest of the matter. Article 14 Activity report The Authority shall draw up an annual report on the performance of its mission during the previous calendar year. The report shall be submitted by the President of the Authority to the President of Parliament and the Prime Minister and shall be published in the Government Gazette under the responsibility of the Authority, which may also give other types of publicity to the report. Article 15
Investigative and corrective powers
1. In addition to the powers provided for in Article 58 of the GDPR, the Authority shall, on its own initiative or upon complaint, conduct investigations and checks regarding compliance with this law, within the framework of which the technological infrastructure and other, automated or non-automated, means supporting the processing of personal data are checked. When carrying out the investigations and checks, the Authority shall have the power to obtain from the controller and the processor access to all personal data that are the subject of processing and all information required for the purposes of the relevant check and the performance of its tasks, without any kind of confidentiality being invoked against it. Exceptionally, the Authority does not have access to the identity data of associates or employees of entities contained in files kept for national security reasons or for the verification of particularly serious crimes.
2. The checks are carried out by a member or members of the Authority or employees of the special scientific staff department of the Secretariat, specially authorized for this purpose by the President of the Authority. The President and members of the Authority, as well as the specially authorized employees of the Secretariat, are special investigative officers
and have all the rights provided for in the Code of Criminal Procedure.
They may conduct a preliminary investigation without a prosecutor's order, when it concerns a felony or misdemeanor or there is a risk of postponement. Public authorities shall provide their assistance to the Authority for the performance of the inspection.
3. The President of the Authority may delegate the power to conduct inspections to members and officials of a supervisory authority of another Member State of the European Union
("seconded supervisory authority") in the context of joint operations carried out pursuant to Article 62 of the GDPR and Article 79 of this Regulation.
4. The Authority, for the purposes of this Article:
a) shall issue warnings to the controller or processor that the intended processing operations are likely to infringe the provisions of this Article;
b) shall order the controller or processor to comply in a specific manner and within a specified period with the provisions of this Article, in particular by means of an order to rectify or erase personal data;
c) shall order and impose a temporary or permanent restriction or prohibition on the processing of personal data;
d) shall order and impose the delivery to it of documents, filing systems, equipment or means of processing personal data, as well as their content in the case of subparagraph c of this paragraph;
e) shall proceed to the seizure of documents, information, filing systems, any equipment and means of infringement of personal data, as well as their content that fall under the its perception during the exercise of control powers and is appointed as their custodian until the competent judicial and prosecutorial authorities decide.
5. In addition to the rectification powers provided for in Article 58(2) of the GDPR, the Authority shall order the controller or the processor or a recipient or a third party to cease processing personal data or to return or block the relevant data or to destroy the archiving system or the relevant data.
6. The Authority shall impose the administrative sanctions provided for in Article 83 of the GDPR and in Article 39 of this Regulation.
7. The Authority shall impose the administrative sanctions in Article 82.
8. When the protection of the individual against the processing of personal data concerning him or her requires an immediate decision, the President may, upon request of the interested party or ex officio, issue a temporary order for an immediate total or partial temporary restriction of the processing or operation of the file. The order shall be valid until the Authority's final decision is issued.
9. In order to ensure compliance with the provisions of the GDPR, this Regulation and other regulations concerning the protection of the subject against the processing of personal data, the Authority, without prejudice to Chapter VII of the GDPR, shall issue regulatory administrative acts to regulate specific, technical and detailed issues to which they refer.
10. The regulatory acts of the Authority, for which no publication in the Government Gazette is foreseen, shall be published on the Authority’s website.Article 16
Obligations and rights of members of the Authority
1. In the exercise of their duties, the President and members of the Authority
obey their conscience and the law and are subject to the duty of confidentiality. As witnesses or experts, they may submit information
that relates exclusively to compliance with the provisions of the GDPR and
herein. The duty of confidentiality shall continue to exist even after the President and members of the Authority have left in any way
.
2. For a period of two (2) years from the end of their term of office, if they participated in any way in the relevant audit, the President and the members of the Authority are not allowed to be partners, shareholders, members of the board of directors, technical or other consultants or to be employed with or without remuneration under a paid mandate or in any legal relationship, in a company or enterprise, whose activities were subject, directly or indirectly, to the audit of the Authority during their term of office. The same prohibition applies to those who file complaints.
3. With regard to the disciplinary liability of the President and the members of the Authority, paragraph 3 of article 18 of law 2472/1997 shall apply.
4. A President or member of the Authority who, in violation of this law,
discloses in any way personal data that is
accessible to them due to their service or allows another to become aware of them,
shall be punished with imprisonment of up to two (2) years and a fine. However, if he committed the act with the aim of obtaining for himself or for another an unfair advantage or to harm another, he shall be punished with imprisonment of at least (2) years and a fine.
Article 17
Function of the Authority
1. The Authority may operate as a single-person body (President) or
sit in sections, composed of at least three (3) regular or
alternate members and chaired by the President of the Authority or his
deputy. In the meetings and conferences of the Plenary and the
Sections, employees of the Auditors Branch may be present for the cases in which they have been appointed
assistant rapporteurs.
2. The Authority shall draw up operating regulations which shall regulate in particular
its operation in plenary and sections, the distribution of responsibilities between
the plenary and sections, the responsibilities of the single-member body, and the
procedure for assigning these responsibilities by the President to the Deputy President and to members,
regular and alternate, the procedure for convening,
meeting and taking decisions, the prior hearing of interested parties,
the procedure for processing and handling cases, the manner of conducting
audits and disciplinary proceedings. The operating regulations are published in the Government Gazette. Until the issuance of a new regulation of the Authority, the existing operating regulations of the Authority shall remain in force (209/6.3.2000 (B 336) decision of the President of the Authority, as amended and in force). 3. By decision of the Plenary Session of the Authority, a code of conduct for its members and staff shall be approved. 4. The Authority may conclude memorandums of cooperation with higher educational institutions, other public bodies and local authorities. for the purpose of mutual exchange of information and mutual assistance on matters within its competence. Mutual assistance includes in particular the provision of information and the carrying out of research and studies, the assistance in investigations and audits, and the carrying out of in-person examinations based on questions prepared by the Authority.
5. It is possible for students and graduates of higher education institutions, whose content of studies is relevant to the competences of the Authority, to carry out paid internships at the Authority. A decision of the Authority shall determine the
terms and conditions for the selection of the interns, the implementation of the internship
and shall define the terms and amount of the remuneration, which shall be borne by the budget of the Authority.
Article 18
Secretariat of the Authority
1. The Authority's staff is appointed under a public or private law
of indefinite duration to positions provided for in its Organization and is selected
in accordance with the provisions of paragraph 1 of article 4 of Law 3051/2002 (Government Gazette A’ 220).
2. Employees of the Auditors Branch are not allowed to appear before the
Authority for two (2) years after the termination of their service relationship with the Authority.
3. By decision of the Authority, its Organization is approved, replaced or amended, which determines the level of operation of the Secretariat, the structure of the organic units into Directorates, Departments and Offices, the qualifications of the staff, the number of staff positions, their distribution into Branches and Specialties, the establishment of new positions and any other relevant issue. The Organization may provide for deviations from the applicable provisions in order for the relevant regulations to be in accordance with the GDPR. 4. Without prejudice to the specific provisions of this Article, the Organization of the Authority and its Operating Regulations, the service status of the Authority’s staff shall be governed by the provisions of paragraphs 2 to 7 of Article 4 of Law 3051/2002, as applicable, regardless of category, sector and scientific specialization.
5. Paragraph 6 of Article 11 shall apply mutatis mutandis to the Authority’s staff.[6.]
*** Paragraph 6 WAS REPEATED by Article 20, paragraph 1, Law 4829/2021, Government Gazette A’
166/10.09.2021.
7. It is possible to second staff of the Secretariat for a period of up to six (6) months, by decision of the Authority, to supervisory authorities of Member States or the EEA or authorities of third countries or international organizations by applying the provisions applicable to secondments to EU bodies. It is also possible to receive staff of similar authorities as seconded for a period of up to six (6) months.
8. The organic university education (PE) positions of the communication branch of the Personal Data Protection Authority are converted into corresponding positions of special scientific staff with a Private Law relationship of Indefinite Term. Those already serving, who possess the requirements according to the Presidential Decree 50/2001 (A 39) "Determination of the qualifications for appointment to positions in public sector bodies" and the general legislation, formal qualifications for filling a position of special scientific personnel with a private law employment relationship, shall declare within one month of the entry into force of this law whether they accept to serve in this position. Those who accept to serve with a private law relationship, who occupy one of the converted positions, shall retain the insurance regime to which they are subject and shall count towards the grading and salary classification and the time of previous relevant employment in accordance with paragraph 4 of article 11 of law 4354/2015 (A’ 176). In the event of a negative declaration or failure to submit a declaration, the employee shall continue to serve as a permanent employee in a personal position of the Communication Department category. During the period during which the employees serve in personal positions in accordance with the previous paragraph, corresponding positions of special scientific personnel with a Private Law relationship of indefinite duration shall not be filled. 9. A presidential decree, issued upon a proposal by the Ministers of Justice and Interior, following an opinion from the Authority, shall determine the conditions, bodies and procedure for selecting the Head of the Secretariat and the heads of the organic units of the Authority. *** Par. 3 was amended, par. 9 was added and, after legal
technical improvements, article 18 (par. 6 of which was repealed by article 20 par. 1
Law 4829/2021, Government Gazette A` 166) was formulated as above with article 154 Law 5221/2025,
Government Gazette A`133/28.07.2025.
Article 19
Budget and Financial Management
1. The Authority shall draw up its own budget, which shall be drawn up under the responsibility of its
President. In the execution of its budget, it shall have full autonomy and no involvement of any other body shall be required. The Authorizing Officer shall be the
President of the Authority.
2. The budget is drawn up on an annual basis and submitted directly to the General Accounting Office of the State, in accordance with the procedure provided for in the Public Accounting Act.
3. The execution of the Authority's budget belongs exclusively to it, in the context of its full autonomy. The transfer of appropriations from one account to another and between different major categories is permitted, according to the needs of the Authority, by decision of the Minister of Finance, provided that the total amount of the budget initially approved by Parliament is not modified. The Authority's expenditure is carried out in accordance with the provisions in force at any time for the assumption of obligations by the authorising officers, as well as public accounting. The transfer of appropriations is made by decision of the Authority and is notified to the General Accounting Office of the State.
4. The budget of the Authority may be amended by decision of the Minister of Finance, following a proposal by the Authority, which is submitted to the General Accounting Office of the State.
5. The Authority may participate in national, European or co-financed research or other programmes. For this purpose, the Authority, by decision of its President, may open a simple bank account under the account group 260 - Cash Management at the Bank of Greece, to which the credits from these programmes and from other resources from the exercise of its powers provided for by the GDPR or the law will be transferred. The management and control of the above special account are regulated by the special regulation of article 2 paragraph 3 of law 3051/2002. The Authority has full autonomy in the management of this account. The Authority's revenues constitute
revenue of the State Budget.
6. For the participation of the members and staff of the Authority in collective bodies
established in the context of the implementation of projects financed by
European Structural and Investment Funds or by the Public
Investment Program, the provisions of paragraphs 2, 3 and 5 of
article 21 of Law 4354/2015 (A 176) shall apply accordingly, provided that the relevant expenses
burden the aforementioned sources of financing and do not cause a burden on the
State Budget.
7. The exercise of the Authority's financial control shall be carried out in a manner that does not
impede its operation and does not affect its independence.
Article 20
Judicial protection against the Authority1. The regulatory decisions and individual administrative acts of the Authority,
including decisions imposing sanctions,
are challenged by an application for annulment before the Council of State.
2. The deadline for filing an application for annulment does not suspend the execution
of the contested act. The court may, upon request of the applicant,
suspend the execution of the act in whole or in part, in accordance with the provisions in force.
3. An application for annulment against the decisions and acts of the Authority may also be filed
by the competent Minister.
4. The Authority is represented in court and out of court by its President. The Authority
appears independently in all types of trials with its members who have the status of a lawyer or with its legal service, if established. The Authority's legal service is staffed by lawyers on a salaried basis, who are hired in accordance with the provisions of the Lawyers' Code. The Authority may, on a case-by-case basis, be represented by lawyers specialized in their field, with a reasoned decision granting the relevant power of attorney. CHAPTER C
SUPPLEMENTARY MEASURES FOR THE IMPLEMENTATION OF THE GDPR FOR THE PROCESSING OF PERSONAL DATA
Article 21
Consent of a minor
1. Where Article 6(1)(a) of the GDPR applies, the processing of personal data of a minor, when offering information society services directly to him or her, shall be lawful where the minor
has reached the age of 15 and has given his or her consent.
2. If the minor is under 15 years of age, the processing referred to in paragraph 1 shall be lawful only after the consent of his or her legal representative has been given.
Article 22
Processing of special categories of personal data
1. By way of derogation from Article 9(1) of the GDPR, the processing of special categories of personal data within the meaning of Article 9(1) of the GDPR by public and private bodies shall be permitted where it is necessary:
a) for the exercise of rights arising from the right to social security and social protection and for the fulfilment of the related obligations;
b) for the purposes of preventive medicine, for the assessment of the worker's fitness for work, for medical diagnosis, for the provision of health or social care or for the management of health or social care systems and services or under a contract with a health professional or another person bound by professional secrecy or under his or her supervision; or
c) for reasons of public interest in the field of public health, such as serious cross-border threats to health or to ensure high standards of quality and safety of healthcare and of medicinal products or medical devices, in addition to the measures referred to in the second subparagraph of paragraph 3, the provisions ensuring professional secrecy laid down by law or a code of conduct shall be complied with in particular. 2. By way of derogation from Article 9(1) of the GDPR, the processing of special
categories of personal data within the meaning of Article 9
paragraph 1 of the GDPR by public bodies shall be permitted where it is:
a) strictly necessary for reasons of substantial public interest;
b) necessary to avert a significant threat to national security or public safety; or
c) necessary to take humanitarian measures, and in such cases
the interest in the processing overrides the interest of the data subject.
3. In the cases referred to in the preceding paragraphs, all
appropriate and specific measures shall be taken to safeguard the interests of the data subject. Taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of the processing, as well as the risks posed, depending on their severity, to the rights and freedoms of natural persons by such processing, such measures may include in particular:
a) technical and organisational measures ensuring that the processing is in accordance with the GDPR;
b) measures to ensure that it is possible to subsequently verify and determine whether and by whom personal data have been entered, modified or erased;
c) measures to raise awareness among personnel involved in the processing;
d) access restrictions by controllers and processors;
e) the pseudonymisation of personal data;
f) the encryption of personal data nature;
g) measures to ensure the capacity, confidentiality, integrity,
availability and resilience of the systems and services relating to the processing of personal data, including the possibility of rapidly restoring their
availability and access in the event of a natural or technical incident;
h) procedures for regularly testing, assessing and evaluating the
effectiveness of the technical and organisational measures to ensure the
security of the processing;
i) specific rules to ensure compliance with this law and the GDPR
in the event of transfer or processing for other purposes;
j) the definition of the DPO.
Article 23
Processing of genetic data
In application of paragraph 4 of Article 9 of the GDPR, the
processing of genetic data for health and life insurance purposes is prohibited.
Article 24
Processing of personal data for other purposes by
public bodies
1. The processing of personal data by public bodies for a purpose other than that for which they were collected shall be permitted where such processing is necessary for the performance of the tasks assigned to them and where it is:
a) necessary to verify the information provided by a data subject because there are reasonable grounds for believing that such information is incorrect;
b) necessary to prevent risks to national security, national defence or public security or to safeguard tax and customs revenues;
c) necessary for the prosecution of criminal offences;
d) necessary to prevent serious harm to the rights of another person;
e) necessary for the production of official statistics.
2. The processing of special categories of personal data, as referred to in Article 9(1) of the GDPR, for a purpose other than that for which they were collected is permitted, provided that the conditions of the previous paragraph are met and one of the exceptions provided for in Article 9(2) of the GDPR or Article 22 of this Regulation applies. Article 25
Processing of personal data for other purposes by
private bodies
1. The processing of personal data by private bodies for
a purpose other than that for which they were collected shall be permitted where
it is necessary:
a) to prevent threats to national security or public safety
at the request of a public body; or
b) for the prosecution of criminal offences; or
c) for the establishment, exercise or defence of legal claims, unless
the interest of the data subject not to have such data processed is overriding.
2. The processing of special categories of personal data, as referred to in Article 9(1) of the GDPR, for a purpose other than that for which they were collected is permitted, provided that the conditions of the previous paragraph are met and one of the exceptions provided for in Article 9(2) of the GDPR or Article 22 of this Regulation applies. Article 26
Transfer of personal data by public bodies
1. The transfer of personal data from a public body to a public body shall be permitted if it is necessary for the performance of the tasks of the transmitting body or of the third party to whom the data are transmitted and
provided that the conditions permitting processing in accordance with
Article 24 are met. The third party to whom the data are transmitted shall process the data only for the purpose for which they were transmitted. Processing for other purposes shall be permitted only if the conditions of Article 24 are met.
2. Public bodies shall be permitted to transfer personal data to private bodies if: a) the transfer is necessary for the performance of the tasks of the transmitting body and the conditions of Article 24 are also met;
b) the third party to whom they are transmitted has a legitimate interest in being with knowledge of the transfer and the data subject has no legitimate interest in the data not being transferred; or
c) the processing is necessary for the establishment, exercise or defence of legal claims and the third party has given an undertaking to the public body which transferred the data to it that it will process them only for the purpose for which they were transferred. Processing for other purposes is permitted if the transfer is permitted in accordance with paragraph 1 and the transferring body has given its consent to the transfer.
3. The transfer of special categories of personal data within the meaning of Article 9(1) of the GDPR shall be permitted if the conditions of paragraph 1 or paragraph 2 are met and one of the exceptions of Article 9(2) of the GDPR or in accordance with Article 22 hereof are applied.
Article 27
Processing of personal data in the context of employment relationships
1. Personal data of employees may be processed for the purposes of the employment contract, provided that it is strictly necessary for the decision to conclude an employment contract or after the conclusion of the employment contract for its performance.
2. Where the processing of personal data of an employee is exceptionally based on his consent, in order to determine whether this was the result of a freely chosen choice, the following shall be taken into account: a) the employee's existing dependence on the employment contract and b) the circumstances under which the consent was given. Consent shall be given either in writing or in electronic form and shall be clearly distinguishable from the employment contract. The employer shall inform the employee, either in writing or in electronic form, of the purpose of the processing of personal data and of his right to withdraw consent in accordance with Article 7(3) of the GDPR. 3. By way of derogation from Article 9(1) GDPR, the processing of special categories of personal data within the meaning of Article 9(1) GDPR for the purposes of the employment contract shall be permitted if it is necessary for the exercise of rights or compliance with legal obligations arising from labour law, social security law and social protection law and there are no overriding legitimate interests of the data subject in relation to the processing. Paragraph 2 shall also apply to consent to the processing of special categories of personal data. Consent must be explicitly stated in relation to such data. Article 22(3)(b) shall apply mutatis mutandis.
4. The processing of personal data, including special categories of personal data of employees, for the purposes of the employment contract based on collective agreements shall be permitted. The negotiating parties shall comply with Article 88(2) of the GDPR.
5. The controller shall take appropriate measures to ensure that, in particular, the principles for the processing of personal data set out in Article 5 of the GDPR are complied with.
6. Paragraphs 1 to 5 shall also apply where personal data, including special categories of personal data of employees, are processed without being stored or intended to be stored in a filing system.
7. The processing of personal data through closed-circuit
visual recording within the workplace, whether publicly accessible
or not, is permitted only if it is necessary for the protection of persons and
property. The data collected through closed-circuit
visual recording may not be used as a criterion for the evaluation of
the efficiency of employees. Employees shall be informed in writing,
either in written or electronic form, of the installation and operation of
closed-circuit
visual recording within the workplace.
8. For the purposes of this law, employees shall mean
employees with any employment relationship or work contract or provision of
services in the public and private sector, regardless of the validity of the
contract, job candidates and former employees.
Article 28
Processing and freedom of expression and information
1. To the extent necessary to reconcile the right to the protection of personal data with the right to freedom of expression
and information, including processing for journalistic purposes and for the purposes of academic, artistic or literary expression, the
processing of personal data shall be permitted where: a) the data subject has given his or her explicit consent, b) it concerns personal data which have manifestly been made public by the data subject, c) the right to freedom of expression and the right to information override the right to the protection of the data subject's personal data, in particular on matters of general interest or where it concerns personal data of public figures, and d) it is limited to what is necessary to ensure the
freedom of expression and the right information, especially when it concerns
special categories of Personal Data, as well as criminal prosecutions,
convictions and the security measures related to them, taking into account the
right of the subject to his private and family life.
2. To the extent necessary to reconcile the right to the protection of personal data with the right to freedom of expression and information, including processing for journalistic purposes, and for the purposes of academic, artistic or literary expression, the following shall not apply: a) Chapter II of the GDPR “Principles”, with the exception of Article 5, b) Chapter III of the GDPR “Rights of the Data Subject”, c) Chapter IV of the GDPR “Controller and Processor”, with the exception of Articles 28, 29 and 32, d) Chapter V of the GDPR “Transfers of personal data to third countries or international organisations”, e) Chapter VII of the GDPR “Cooperation and coherence” and f) Chapter IX of the GDPR “Provisions concerning specific
cases of processing”.
Article 29
Processing of personal data for archiving purposes
in the public interest
1. By way of derogation from Article 9(1) of the GDPR, the processing of special
categories of personal data, within the meaning of Article 9(1) of the GDPR, shall be permitted where it is necessary for archiving purposes
in the public interest. The controller shall
take appropriate and specific measures to safeguard the legitimate
interests of the data subject. Such measures may, to the extent possible, include, in particular:
a) access restrictions by controllers and processors;
b) pseudonymisation of personal data;
c) encryption of personal data;
d) designation of a DPO.2. By way of derogation from Article 15 of the GDPR, the right of access of the data subject to data concerning him or her may be restricted,
where the exercise of the right is likely to render impossible or seriously impair the achievement of the purposes referred to in paragraph 1, and the exercise of the right would involve a disproportionate effort.
3. By way of derogation from Article 16 of the GDPR, the data subject shall not
have the right to rectification of personal data concerning him or her,
where the exercise of the right is likely to render impossible or seriously impair the achievement of the purposes referred to in paragraph 1 or the exercise of the rights of third parties.
4. By way of derogation from Article 18(1)(a), (b) and (d) and Articles 20 and 21 of the GDPR, the rights of the data subject shall be restricted where the exercise of such rights is likely to render impossible or seriously impair the achievement of the purposes referred to in paragraph 1 and where such restrictions are deemed necessary to achieve those purposes.
Article 30
Processing of personal data for scientific or historical research purposes or for the collection and maintenance of statistics
1. By way of derogation from Article 9(1) of the GDPR, the processing of special categories of personal data within the meaning of Article 9(1) of the GDPR shall be permitted without the consent of the data subject where the
processing is necessary for the purposes of scientific or historical research or for the collection and maintenance of statistics and the interests of the controller override the interests of the data subject not to have their personal data processed. The controller shall take appropriate and specific measures to safeguard the data subject's legitimate interests. Such measures may include, in particular:
a) access restrictions for controllers and processors;
b) pseudonymisation of personal data;
c) encryption of personal data;
d) designation of a DPO.
2. By way of derogation from Articles 15, 16, 18 and 21 of the GDPR, the
rights of the data subject shall be restricted where the exercise of such rights is likely to render impossible or seriously impair the achievement of the purposes referred to in paragraph 1 and where such restrictions are deemed necessary for the achievement of those purposes.
For the same reason, the right of access of the subject provided for in Article 15 of the GDPR shall not apply where the personal data are necessary for scientific purposes and the provision of information would involve a disproportionate effort. 3. In addition to those specified in paragraph 1, special categories of personal data shall be made anonymous as soon as the scientific or statistical purposes so permit, unless this is contrary to the legitimate interests of the data subject. Until then, the characteristics which can be used to relate individual details to the personal or factual circumstances of an identified or identifiable person shall be stored separately. Such characteristics may be combined with the individual details only insofar as the research or statistical purpose so requires.
4. The controller may publish personal data processed in the context of the research, provided that the data subjects have given their consent in writing or the publication is necessary for the presentation of the research results. In the latter case, the publication shall be pseudonymised.
Article 31
Information to be provided if personal data are collected from the data subject
1. The obligation to inform the data subject pursuant to
Article 13(3) of the GDPR shall not apply, except for the exception referred to in
Article 13(4) of the GDPR, where the provision of information
regarding further processing:
a) concerns further processing of data stored in written form, for which the controller directly addresses the data subject, the purpose is compatible with the initial purpose of the collection in accordance with the GDPR, the communication with the data subject does not take place in digital form and the interest of the data subject in providing the information in the circumstances of the specific case, in particular in relation to
the context in which the data were collected, is not considered to be high;
b)in in the case of a public body, would jeopardise the proper performance of the tasks of the controller within the meaning of Article 23(1)(a) to (e) of the GDPR, and the controller’s interest in not providing the information overrides the interest of the data subject;
c) would jeopardise national or public security and the controller’s interest in not providing the information overrides the interest of the data subject;
d) would impede the establishment, exercise or defence of legal claims and the controller’s interest in not providing the information overrides the interest of the data subject;
e) would jeopardise the confidential transmission of data to public bodies.
2. Where information is not provided to the data subject in accordance with
paragraph 1, the controller shall take appropriate measures to
protect the legitimate interests of the data subject,
including providing the public with the information referred to
in Article 13(1) and (2) of the GDPR in an accurate, transparent, intelligible and
easily accessible form, in clear and plain language. The controller shall state in writing the reasons for not providing information.
The above subparagraphs shall not apply to cases d and e of the previous
paragraph.
3. Where notification is not provided in the cases referred to in paragraph 1 due to a temporary obstacle, the controller, taking into account the specific circumstances of the processing, shall comply with the information obligation within a reasonable period after the obstacle has been removed, but not later than two (2) weeks.
4. If at the start of the mandate or in the context of a mandate relationship, third-party data were transmitted by the client to a professional secrecy body, the transmitting body shall not be obliged to inform the data subject pursuant to Article 13(3) of the GDPR, unless the data subject's interest in providing the information is overriding.
Article 32
Information provided if personal data have not been
collected from the data subject
1. The obligation to inform the data subject pursuant to
Article 14(1), (2) and (4) of the GDPR shall not apply where the provision of the
information:
a) in the case of public bodies:
aa) would jeopardise the proper performance of the tasks of the
controller within the meaning of Article 23(1)(a) to (e) of the
GDPR, or
bb) would jeopardise national security or public safety;
and therefore the interest of the data subject in providing the
information is overridden,
b) in the case of private bodies:
aa) would prejudice the establishment, exercise or defence of legal claims or the
processing involves personal data from contracts which
are established under private law and aim to prevent damage from
the commission of criminal offences, unless the data subject has
an overriding legitimate interest in providing the information; or
bb) the competent public body has determined to the controller,
that the disclosure of the data would endanger national defence,
national security and public safety, in the case of data processing for law enforcement purposes, a determination
in accordance with the first subparagraph is not required.
2. Where information is not provided to the data subject in accordance with
paragraph 1, the controller shall take appropriate measures to
protect the legitimate interests of the data subject,
including providing the public with the information referred to in
Article 14(1) and (2) of the GDPR in an accurate, transparent, intelligible and
easily accessible form, in clear and plain language. The controller shall
state in writing the reasons for not providing information.
3. The obligation to inform the data subject pursuant to Article 14(1) to (4) of the GDPR, except for the exceptions referred to in Article 14(5) of the GDPR, shall not apply to the extent that its fulfilment would reveal information which, by its nature, in particular the overriding legitimate interests of a third party, should remain confidential. Article 33
Right of access of the data subject / Communication of a personal data breach to the data subject
1. Except as provided for in Article 29(2) and
in Article 30(2), the right of access of the data subject pursuant to Article 15 of the GDPR shall not apply where:
a) the data subject is not informed in accordance with point (b) of subparagraphs (a) and (b) of paragraph 1 of the preceding Article; or
b) the data,
aa) were recorded only because they cannot be erased due to legal or regulatory provisions requiring their retention, or
bb) serve exclusively data protection or control purposes, and
providing the information would involve a disproportionate effort and the necessary
technical and organisational measures make processing for other
purposes impossible.
2. The reasons for refusing to provide information to the data subject
must be documented. The refusal to provide information must be justified to the data subject, unless the disclosure of the factual and legal grounds on which the refusal is based would jeopardise the purpose pursued by the refusal to provide the information.
Data stored for the purpose of providing information to the data subject
and for the preparation of such provision may only be processed for that purpose and for the purposes of the protection of personal data, processing for other
purposes being restricted in accordance with Article 18 of the GDPR.
3. The right of the data subject to access to personal data which are not processed by a public authority either by automated or non-automated means and which are stored in a filing system shall only apply if the data subject provides information enabling the data to be retrieved and the effort required to provide the information is not disproportionate to the interest of the data subject in obtaining the information.
4. The right of the data subject to be informed of personal data in accordance with Article 15 of the GDPR shall not apply to the extent that the information would disclose information which, by virtue of a provision of law or by reason of its nature, in particular the overriding legitimate interests of a third party, must remain confidential.
5. The obligation to notify pursuant to Article 34 of the GDPR, with the exception of the exception referred to in Article 34(3) of the GDPR, shall not apply to the extent that the notification would disclose information which, by virtue of a statutory provision or by reason of its nature, in particular the overriding legitimate interests of a third party, should remain confidential. By way of derogation from the previous paragraph, the data subject shall be informed in accordance with Article 34 of the GDPR if his interests, taking into account in particular the damage at stake, outweigh the interest in maintaining confidentiality. Article 34 Right to erasure 1. If erasure in the case of non-automated processing is not possible due to the specific nature of the storage or is only possible with a disproportionately large effort and the interest of the data subject in the deletion is not considered to be significant, the right of the data subject and the obligation of the controller to delete the personal data pursuant to Article 17(1) of the GDPR shall not apply, except for the exceptions referred to in Article 17(3) of the GDPR. In this case, the deletion shall be replaced by the restriction of the processing pursuant to Article 18 of the GDPR. The above paragraphs shall not apply if the personal data have been processed unlawfully. 2. In addition to Article 18(1)(b) and (c) of the GDPR, the first and
second subparagraphs of the preceding paragraph shall apply mutatis mutandis in
the case of Article 17(1)(a) and (d) of the GDPR, to the extent
that the controller has reason to believe that erasure would be detrimental to the legitimate interests of the data subject. The controller shall inform the data subject
of the restriction of processing, unless such information proves impossible or involves a disproportionate effort.
3. In addition to Article 17(3)(b) GDPR, paragraph 1
shall apply mutatis mutandis in the case of Article 17(1)(a)
of the GDPR if erasure would conflict with statutory or contractual retention periods.
Article 35
Right to object
The right to object pursuant to Article 21(1) GDPR shall not apply to a public body if there is an overriding public interest in the processing which overrides the interests of the data subject or if the processing is required by law.
Article 36
Ensuring the processing of personal data for national security reasons
The processing of personal data of EYP personnel carried out by public and private bodies in the context of their duties or responsibilities shall be carried out by specially authorized employees, whose names shall be notified to EYP. Any further transfer of the above personal data shall be carried out only after approval by EYP.
Article 37
Accreditation of certification bodies and certification
1. The accreditation of bodies granting certifications in accordance with Article 42 of the GDPR shall be carried out by the National Accreditation System (ESYD) on the basis of the EN-ISO/IEC17065:2012 standard and in accordance with additional requirements set by the Authority.
2. The ESYD revokes accreditation if it is informed by the Authority that the accreditation requirements are no longer met or the certification body violates the GDPR and the provisions of this Article.
Article 38
Criminal sanctions
1. Whoever, without right: a) intervenes in any way in a personal data archiving system, and by this act
obtains knowledge of such data; b) copies, removes, alters,
damages, collects, registers, organizes, structures, stores, adapts,
changes, retrieves, searches for information, correlates, combines, limits,
deletes, destroys, shall be punished by imprisonment for up to one (1) year, if the act
is not punished more severely by another provision.
2. Anyone who uses, transmits, disseminates, discloses by transmission, disposes of, communicates or makes accessible to unauthorized persons personal data, which he/she has acquired in accordance with case a of paragraph 1 or allows unauthorized persons to take cognizance of such data, shall be punished by imprisonment, unless the act is punished more severely by another provision.
3. Where the act referred to in paragraph 2 concerns special categories of personal data referred to in Article 9(1) of the GDPR or data relating to criminal convictions and offences or the security measures relating thereto referred to in Article 10 of the GDPR, the offender shall be punished by imprisonment for at least one (1) year and a fine of up to one hundred thousand (100,000) euros, unless the act is punished more severely by another provision.
4. The perpetrator of the acts of the
preceding paragraphs shall be punished with imprisonment of up to ten (10) years, if he intended to obtain for himself or for
another an illegal pecuniary benefit or to cause pecuniary damage to another
or to harm another and the total benefit or total damage exceeds the amount
of one hundred and twenty thousand (120,000) euros. 5. If the acts of paragraphs 1 to 3 have caused a danger to the
free functioning of the democratic system or to national security,
imprisonment and a fine of up to three hundred thousand (300,000) euros shall be imposed.
6. The felonies provided for in this article fall under the
competence of the Three-Member Court of Appeal for Felonies.
*** NOTE: See Article 6 of Law 5002/2022 (Government Gazette A 228/09.12.2022), as in force,
which lists the crimes for the verification of which the lifting of confidentiality is
permissible.
Article 39
Administrative sanctions
1. Without prejudice to the corrective powers of the Authority in accordance with Article 58
paragraph 2 of the GDPR, the Authority, by its specifically reasoned decision and after
prior summoning the interested parties to provide explanations, may
impose on public sector bodies, as defined in
case a of paragraph 1 of Article 14 of Law 4270/2014 (A’ 143),
excluding public enterprises and organizations of Chapter A
of Law 3429/2005 (A’ 314), in their capacity as controllers of
personal data, for violations of:
a) of case a) of paragraph 4 of Article 83 of the GDPR, except for articles
8,27,29,42,43of the GDPR,b)paragraphs5and6ofarticle83oftheGDPR,except
articles17,20,47,90 and91 of the GDPR,c)articles5,6,7,22,24,26,27 (except
paragraph 7 thereof), 28 to 31, and articles 32 paragraph 1
case a`, 33 to 35 of this, an administrative fine of up to ten
million (10,000,000) euros.
2. When taking a decision on the imposition of an administrative fine, as well as
for determining its amount, for each individual case
the following shall be taken into account:
a) the nature, gravity, duration of the infringement, the extent or purpose of the relevant
processing, as well as the number of personal data subjects affected by the infringement and the extent of the damage suffered by them,
b) any actions taken by the public sector body to mitigate the damage suffered by the personal data subjects,
c) any relevant previous infringements of the public sector body,
d) the categories of personal data affected by the infringement,
e) the manner in which the Authority became aware of the infringement, in particular whether and
to what extent the public sector body notified the infringement and
f) whether the measures referred to in Article 58(2) of the GDPR have already been ordered against the public sector body for the same
infringement, the
degree of its compliance with them.
3. In the event that the public sector body, for the same or for linked
processing operations, infringes more provisions of the GDPR or of this,
the total amount of the administrative fine shall not exceed the amount specified for the
most serious infringement.
Article 40
Judicial protection against the controller or processor
1. Actions by the data subject against the controller or processor for infringement of the provisions on data protection within the scope of the GDPR or of the rights of the data subject contained therein shall be brought before the civil court in the district in which the controller or processor is established. The actions referred to in the previous paragraph may also be brought before the civil court in the district in which the data subject has his or her habitual residence.
2. The previous paragraph shall not apply to actions against public authorities,
when those authorities exercise sovereign public authority conferred on them.
3. If the controller or processor has designated a representative in accordance with Article 27(1) of the GDPR, that representative shall be deemed to be a party to all proceedings in the context of the civil proceedings in accordance with paragraph 1.
Article 41
Representation of the data subject
1. Where the data subject considers that the processing of personal data concerning him or her infringes the provisions of the GDPR or of Chapter C of this Law, he or she shall have the right to entrust the processing to a non-profit-making body, organisation, association or association of persons without legal personality, which is legally established and operates in the Greek Territory, which pursues objectives in the public interest and is active in the field of protection of the rights and freedoms of data subjects with regard to the protection of personal data. nature, to submit a complaint in his name before the Authority in accordance with Article 77 of the GDPR and to exercise in his name the rights referred to in Article 78 of the GDPR and Article 20 of this law. 2. The delegation of representation under paragraph 1 is made by special written authorization, which bears the original signature of the assignor in accordance with Article 11 paragraph 1 subsection a of the Code of Administrative Procedure (Law 2690/1999, A 45). This delegation may be revoked at any time, in whole or in part. Article 42
Public access to documents
1. The application of the provisions of Article 5 of the Code of Administrative Procedure relating to the provision of documents by public sector bodies falling within the scope of Article 1 of the above Code, as well as the other provisions relating to the provision of documents by the body or authority or service in question, shall remain unaffected, when the content of such documents constitutes personal data.
2. The application of the provisions of Article 22 of the Code of Courts and the Status of Judicial Officers (Law 1756/1988, A 35) shall remain unaffected.
CHAPTER D
INCORPORATION INTO NATIONAL LAW OF THE DIRECTIVE (2016/680)
SECTION I
SCOPE - GENERAL PRINCIPLES
"Article 43
Subject - Scope
(Articles 1, 2 and 9(2) of the Directive)
1. The provisions of this Chapter regulate the protection of natural persons with regard to the processing of personal data by competent authorities for the purposes of the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties,
including the protection against and the deterrence of threats to public security.
2. This Chapter applies to the processing of personal data by the competent authorities for the purposes specified in paragraph 1.
3. The processing carried out by the competent authorities for purposes other than those specified in paragraph 1 shall be subject to the provisions of the GDPR, where it applies, and of Chapters A, B and C hereof.”
***Article 43 was replaced as above by article 35 of Law 5002/2022 (Government Gazette A 228/09.12.2022)Article 44
Definitions
(article 3 of the Directive)
[1].For the purposes of this Chapter, the following are understood as:
***Number 1 was deleted by paragraph 1 of article 36 of Law 5002/2022 (Government Gazette A`
228/09.12.2022)
a) “personal data”: any information relating to an identified or identifiable natural person (“data subject”),
an identifiable natural person is one whose identity can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, psychological, economic, cultural or social identity of that natural person;
b) “processing”: any operation or set of operations which is performed, with or without the use of automated means, on personal data or on sets of personal data, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, retrieval system, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction;
c) ‘restriction of processing’: the marking of stored personal data with a view to limiting their processing in the future;
d) ‘profiling’: any form of automated processing of personal data consisting of the use of personal data to evaluate certain personal aspects of a natural person, in particular to analyse or predict aspects concerning performance at work, economic situation, health, to the personal preferences, interests, reliability, behaviour, location or movements of that natural person;
e) “pseudonymisation”: the processing of personal data in such a way that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that the additional information is kept separately and is subject to technical and organisational measures to ensure that the personal data cannot be attributed to an identified or identifiable natural person;
f) “filing system”: any structured set of personal data which is accessible on the basis of specific criteria, whether that set is centralised, decentralised or distributed on a functional or geographical basis;
“g) “controller”: the competent authority authority which, alone or jointly with others, determines the purposes and means of the processing of personal data.
***Paragraph g was amended and formulated as above by paragraph 5a of Article 36 of Law 5002/2022 (Government Gazette A 228/09.12.2022)
h) “processor”: the natural or legal person, public authority or other body that processes personal data on behalf of the controller;
“i) “recipient”: the natural or legal person, competent authority, agency or other body to whom the personal data are disclosed, whether or not it is a third party. However, competent authorities which may receive personal data in the context of a specific investigation, in accordance with Union or other law, shall not be considered as recipients. The processing of such data by those competent authorities shall be carried out in accordance with the applicable data protection rules in accordance with the purposes of the processing.”
***Paragraph θ was amended and formulated as above by paragraph 5b of Article
36 of Law 5002/2022 (Government Gazette A` 228/09.12.2022)
j) “personal data breach”: the breach of security
which leads to the accidental or unlawful destruction, loss, alteration, unauthorized
disclosure or access of personal data undergoing
processing;
k) “genetic data”: personal data relating to the
genetic characteristics of a natural person that were inherited or acquired,
as resulting, in particular, from an analysis of a biological sample of the said natural person and which provide unique information regarding the physiology
or health of the said natural person;
l) “biometric data”: personal data resulting
from specific technical processing linked to physical, biological or behavioural characteristics of a natural person, and which allow or confirm the unambiguous identification of that natural person, such as facial images or dactyloscopic data;
m) “data concerning health”: personal data relating to the physical or mental health of a natural person, including the provision of healthcare services, and which reveal information about his or her state of health;
“n) “competent authority”:
n) any public authority responsible for the prevention, investigation, detection or prosecution of criminal offences or the execution of criminal penalties, including the protection against and deterrence of threats to public security or
any other public or private body or agency entrusted with the role of a public authority and the exercise of public powers for the purposes of
prevention, detection or prosecution criminal offences or the execution of criminal penalties, including the protection against threats to public security and their prevention.
***The above paragraph was replaced by paragraph 2 of Article 36 of Law 5002/2022
(Government Gazette A` 228/09.12.2022)
"o) "supervisory authority": the Personal Data Protection Authority
(hereinafter: Authority), or, for the other Member States, the independent administrative authority, which
has been established by them, in accordance with Article 41 of Directive (EU) 2016/680."
***The above paragraph was replaced by paragraph 3 of Article 36 of Law 5002/2022
(Government Gazette A` 228/09.12.2022)
p) “international organization”: an organization and its subordinate bodies governed by public international law or any other body established by virtue of or on the basis of an agreement between two or more countries;
[q) “consent”: any voluntary, for the needs of the specific
circumstance, unambiguous and after informing the subject, clear
indication of his or her wishes by which he or she expresses, by a declaration or by a clear positive
action, that he or she agrees to the processing of personal data concerning him or her.]
***Paragraph q` WAS REPEATED with paragraph 4 of the article 36 of Law 5002/2022 (Government Gazette A`
228/09.12.2022)
Article 45
General Principles
(Article 4 of the Directive)
1. Personal data must:
a) be processed lawfully and fairly;
b) be collected for specified, explicit and legitimate purposes and not processed in a manner incompatible with those purposes;
c) be adequate, relevant and not excessive in relation to the purposes for which they are processed;
d) be accurate and, where necessary, kept up to date;
all reasonable measures provided for by applicable provisions shall be taken to ensure the erasure or rectification of inaccurate personal data without delay, taking into account the purposes of the processing;
e) kept in a form which permits identification of data subjects for no longer than is necessary for the purposes for which they are processed;
f) processed in a manner which ensures appropriate security, including protection against unauthorised or unlawful processing or accidental loss, destruction or damage, using appropriate technical or organisational measures.
2. The controller must be able to demonstrate compliance with his obligations in accordance with the previous paragraph.
“Article 45A
Lawfulness of processing
(Article 8 of the Directive)
1. The processing of personal data shall be lawful only if
it is based on Union law or law and is necessary for the performance of a task carried out by the competent authorities for the purposes
provided for in Article 43.
2. The specific arrangements referred to in paragraph 1, which include the legal basis for the processing by the competent authorities for the purposes set out in Article 43,
shall specify at least the purposes of the processing, the personal data to be processed and the purposes of the processing,
the procedures for preserving the integrity and confidentiality of the personal data, and the authority or authorities which are
competent, by virtue of the tasks assigned to them by law, to carry out
such processing.”
***Article 45A was added by article 38 of Law 5002/2022 (Government Gazette A` 228/09.12.2022) SECTION II
"LAWFULNESS OF PROCESSING"
***The title of Section II was replaced as above by article 37 of Law 5002/2022 (Government Gazette A` 228/09.12.2022)
"Article 46
Processing of special categories of personal data
(article 10 of the Directive)
1. The processing of personal data revealing the
racial or ethnic origin, political opinions, religious or
philosophical beliefs, or membership of a trade union, as well as the
processing of genetic data, biometric data for the exclusive
identification of a natural person or data concerning health or sexual life or sexual orientation, shall be permitted only where they are strictly necessary for the purposes of Article 43 and where: (a) they are expressly provided for by law or Union law and (b) they are necessary to protect the vital interests of the data subject or another natural person, or (c) such processing concerns data which have been manifestly made public by the data subject. 2. When the processing concerns the special categories of data referred to in paragraph 1, appropriate safeguards shall be implemented to protect the data subject, such as: a) specific specifications and requirements for security and for the control of processing, b) specific and short time limits within which the necessity of further processing of the data in question shall be reviewed and documented, c) measures to raise the awareness of the persons involved in the processing of the data, d) restrictions on access to the data in question within the competent authority, e) storage and processing of the special categories of data in a manner distinct from the processing of other categories of data, f) pseudonymisation of personal data belonging to the special categories, provided that this does not hinder the achievement of the purpose of the processing, g) encryption of the data, h) specific procedural arrangements ensuring lawful processing and the
protection of the rights of individuals in the event of transmission or
processing of such data for other purposes.
***Article 46 was replaced as above by article 39 of Law.5002/2022 (Government Gazette A`
228/09.12.2022)
“Article 47
Processing for other purposes
(Articles 4 and 9 par. 1 of the Directive)
The processing of personal data for a purpose other than
that for which they were collected is permitted if the other purpose is one of the purposes referred to in Article 43, the controller is
authorized by law to process data for that purpose and
the processing carried out is necessary and proportionate to
that purpose.”
***The second paragraph of Article 47 was repealed and the article was formulated as
above with Article 40 of Law 5002/2022 (Government Gazette A` 228/09.12.2022)
Article 48
Processing for archiving purposes in the public interest or scientific or historical research purposes or statistical purposes
(Article 4 of the Directive)
Personal data may be processed in the context of the purposes referred to in Article 43 for archiving purposes in the public interest or scientific or historical research purposes or statistical purposes, if this is in the public interest and appropriate safeguards are applied for the protected legitimate interests of the data subject. Such safeguards may consist of the anonymization of personal data in as soon as possible, to take measures to prevent unauthorised access by third parties or to process them by spatial and organisational separation from other specialised tasks.
“Article 49 Consent of the subject
1. Where the processing is based on the consent of the data subject, in accordance with an explicit provision of law, or concerns measures which, in accordance with the law, the data subject himself is entitled to request, the controller shall be able to demonstrate that the data subject has consented to the processing of personal data or has requested measures which entail such processing.
2. Before giving consent, the data subject shall be informed of the purpose of the processing, the type of personal data being processed and, in particular, where the processing concerns special categories of data, the controller, the intended duration of the processing and the usual recipients of the data. The data subject shall also be informed of the legal consequences of giving or not giving consent and of the right to withdraw it. 3. The consent referred to in paragraph 1 shall be a clear, specific, written and unambiguous statement of will by which the data subject signifies agreement to the processing of personal data concerning him or her. Consent shall be valid only when it is based on the free decision of the data subject. In order to establish the free will and declaration of the subject, the conditions and circumstances under which it was given shall be assessed.
4. The data subject shall have the right to withdraw his or her consent at any time. The withdrawal of consent shall not affect the lawfulness of the processing based on consent before its withdrawal.
5. If the data subject's consent is given in the context of a written declaration which also concerns other matters, the request for consent shall be presented in a manner that is clearly distinguishable from the other matters, in an intelligible and easily accessible form, using plain language.
6. In the case of processing of special categories of data, the consent shall explicitly refer to the special category of data.
***Article 49 was replaced as above by Article 41 of Law 5002/2022 (Government Gazette A
228/09.12.2022)
Article 50
Processing under the supervision of the controller
(Article 23 of the Directive)
Any person acting under the supervision of the controller or the processor who has access to personal data shall process such data in accordance with the instructions of the controller, unless otherwise provided by law.
Article 51
Confidentiality
All persons involved in the processing of personal data shall process them with authorisation and shall be obliged to maintain confidentiality upon taking up their duties. The obligation to maintain confidentiality shall continue after the termination of their employment.
"Article 52
Automated individual decision-making
(Article 11 of the Directive)
1. A decision based solely on automated processing, including profiling, which produces adverse legal effects concerning the data subject or significantly affects him or her shall not be made, unless expressly provided for by a law or Union law which lays down appropriate safeguards for the rights and freedoms of the data subject and which shall include at least provisions ensuring that the data subject is given specific and intelligible information, the right to obtain human intervention on the part of the controller and the right of the data subject to express his or her views, to obtain reasons for the decision taken following that evaluation and to contest or have the decision reviewed.
2. The decisions referred to in paragraph 1 may not be based on the processing of special categories of personal data referred to in paragraph 1 of Article 46, unless this is expressly provided for by law or Union law and there are suitable measures to protect the rights, freedoms and legitimate interests of the data subject, including the safeguards set out in paragraph 2 of Article 46. 3. Profiling which results in discrimination against natural persons on the basis of special categories of personal data referred to in paragraph 1 of Article 46 shall be prohibited. ***Article 52 was replaced as above by Article 42 of Law 5002/2022 (Government Gazette A`
228/09.12.2022)
SECTION III
RIGHTS OF THE DATA SUBJECT
"Article 53
General information regarding data processing
(Articles 12 and 13 of the Directive)
The controller shall provide general and easily accessible information to the public
in plain and intelligible language and through the website of the
competent authority regarding:
a) the purposes of the processing,
b) the right of the subject to request from the controller
access, rectification, erasure or restriction of processing,
c) the identity and contact details of the controller and the
DPO,
d) the right to submit a complaint to the Authority, and
e) the contact details of the Authority.”
***Article 53 was amended and formulated as above by paragraph 5c of
article 36 of Law 5002/2022 (Government Gazette A` 228/09.12.2022)Article 54
Right of the subject to information
(article 13 of the Directive)
1. In special cases and in particular when the collection of the subject's data
was carried out under conditions of secrecy, and in order to make
possible the exercise of his rights, the subject should, in addition to
the information in the previous article, at least be informed of:
a) the legal basis of the processing;
b) the period for which the personal data will be stored
or, if that is not possible, the criteria used to determine
that period;
c) the recipients of the personal data, if exist;
d) where necessary, to be provided with additional information, in particular where the
personal data were collected without his knowledge.
2. In the cases referred to in the previous paragraph, the controller
may delay, restrict or omit to inform the
subject if this is necessary:
a) for the performance of the tasks of the competent authorities, as referred to in Article 43,
b) for national security or public safety, or
c) for the protection of the legitimate interests of third parties which would otherwise be threatened, if the interest in avoiding such threats overrides
the interest of the data subject in being informed.
3. The provisions of paragraph 7 of the following article shall also apply to the
restrictions referred to in the previous paragraph.
Article 55
Right of access
(Articles 14 and 15 of the Directive)
1. The controller shall, upon request, inform the data subject of the processing of personal data concerning him or her. The data subject shall also be informed of:
a) the personal data processed and the categories to which they belong;
b) the available information on the origin of the data;
c) the purposes and legal basis for the processing;
d) the recipients or categories of recipients to whom the data have been disclosed, in particular recipients in third countries or international organisations;
e) the period for which the personal data will be stored
or, if that is not possible, the criteria used to determine that period;
f) the possibility of exercising the right to rectification or erasure or restriction of the processing of personal data;
g) the right pursuant to Article 58 to lodge a complaint with the Authority; and
h) the contact details of the Authority.
2. The previous paragraph shall not apply to personal data which are processed solely because they cannot be erased due to legal retention requirements or serve exclusively data security or data protection control purposes, if the provision of information would involve a disproportionate effort and processing for other purposes by means of appropriate technical and organisational measures is precluded. 3. No information shall be provided if the data subject does not provide information allowing his or her data to be found and, consequently, the effort required is disproportionate to the interest of the data subject in providing information.
4. In the cases of paragraph 2 of the previous article, the controller may refuse to provide information in accordance with the first subparagraph of paragraph 1 or restrict, in whole or in part, the information in accordance with the second subparagraph of paragraph 1.
5. The identity of the natural persons from whom the personal data originated shall not be disclosed to the data subject when such information may endanger their life or physical integrity and fundamental freedoms, as well as when they are protected witnesses or informants.
6. The controller shall notify the data subject in writing and without delay of its decision to refuse or restrict access. The above obligation to notify the controller shall not apply where the provision of such information would entail a risk in accordance with paragraph 2 of the previous article. The above notification shall include the factual or legal reasons on which the refusal or restriction is based, unless the above justification would undermine the intended purpose of the refusal or restriction of access. 7. In the event of a refusal or restriction of access, the data subject shall be informed of the possibility of exercising the right of access through the Authority and, in particular, of the possibility, in accordance with Article 58, of submitting a complaint to the Authority and of filing an application for annulment against the Authority's negative decision before the Council of State. The controller's decision shall be transmitted to the Authority, unless he invokes reasons of national security.
In the event of a complaint to the Authority, the latter shall investigate the
fulfilment of the conditions for the restriction of the right and shall inform the
subject, at least, that all necessary verifications or the
review by it have taken place, as well as whether the provisions on the protection of personal data have been infringed.
8. The controller shall document the factual and legal grounds on which his decision is based.
Article 56
Right to rectification or erasure of personal data and
restrictions on processing
(Article 16 of the Directive)
1. The data subject shall have the right to obtain from the controller the rectification without delay of inaccurate personal data concerning him or her. In particular, in the case of statements or decisions,
the issue of accuracy shall not be relevant to the content of the statement or
decision. If the accuracy or inaccuracy of the personal data cannot be established, the controller shall restrict the processing instead of erasing the data. In such a case, the controller shall inform the data subject before the restriction is carried out again. The data subject may also request the completion of incomplete personal data where this is reasonable in view of the purposes of the processing. 2. The data subject shall have the right to obtain from the controller the erasure of personal data concerning him or her without undue delay where the processing infringes this Chapter, where the data are no longer necessary for the performance of a task or where the data must be erased for the compliance with a legal obligation to which the controller is subject. 3. Instead of erasure, the controller shall restrict processing where: (a) there is reason to believe that erasure would harm the legitimate interests of the data subject; (b) the personal data must be retained if they serve as evidence for the purposes of Article 43; or (c) erasure would prove impossible or would involve a disproportionate effort due to the specific nature of the storage. Personal data subject to the restricted processing referred to above may be processed only for the purpose for which erasure was prevented. 4. In automated archiving systems, technical measures must ensure that the restriction of processing is clearly visible and that processing for other purposes is not possible without further examination. 5. Where the controller has rectified inaccurate personal data, he shall communicate the rectification to the body from which he received them. In the event of rectification, erasure or restriction of processing in accordance with paragraphs 1 to 3, the controller shall inform the recipients to whom the personal data were disclosed of those measures. The recipient shall rectify or erase the personal data or restrict their processing. 6. The controller shall inform the data subject in writing of any refusal to rectify or erase personal data or to restrict their processing. This shall not apply where the provision of such information would entail a risk in accordance with paragraph 2 of Article 54. The information referred to in the previous paragraph shall include the reasons for the refusal, unless such reasons would jeopardise the purpose of the refusal. 7. Paragraphs 7 and 8 of the previous Article shall otherwise apply mutatis mutandis. Article 57
How to exercise the data subject's rights
(Article 12 of the Directive)
1. The controller shall communicate with the data subject in a
concise, intelligible and easily accessible form, using clear and
plain language, in particular when addressing minors. The information shall, subject to specific provisions, be provided by any appropriate means,
including electronic means. The controller shall provide the information in the form in which the request was submitted.
2. Without prejudice to paragraph 5 of Article 55 and paragraph 6 of
Article 56, the controller shall inform the data subject without delay of the progress of his request.
3. Information provided in accordance with Article 53, any communication made in accordance with Articles 54 and 64, and requests processed in accordance with Articles 55 and 56 shall not be subject to a fee. Where a request pursuant to Articles 55 and 56 is manifestly unfounded or abusive, the controller may charge a reasonable fee based on the administrative costs or may refuse to act on the request. In such a case, the controller must be in a position to prove the manifestly unfounded or abusive nature of the request. 4. Where the controller has reasonable doubts as to the identity of the data subject making the request in accordance with Articles 55 and 56, the controller may request the provision of supplementary information necessary to confirm the identity of the data subject.
Article 58 Right to lodge a complaint with the Authority (Article 17 of the Directive)
"1. The data subject shall have the right to lodge a complaint with the Authority if he or she considers that the processing of personal data relating to him or her by competent authorities for the purposes referred to in Article 43 infringes his or her rights. This shall not apply to the processing of personal data by judicial and prosecuting authorities when they process such data in the exercise of their judicial functions and tasks. The Authority shall inform the data subject of the progress and outcome of the complaint and of the possibility of filing an application for annulment before the Council of State against the decision on his complaint, in accordance with Article 20.”
***Paragraph 1 was amended and formulated as above by paragraph 5d of Article
36 of Law 5002/2022 (Government Gazette A` 228/09.12.2022)
2. In the event of a complaint regarding processing being submitted to the Authority, instead of the competent supervisory authority of another Member State of the European Union, the Authority must transmit, without delay, to the supervisory authority of the other Member State of the European Union, the complaint falling within its competence. In this case, the Authority shall inform the data subject of the transmission of his complaint and shall provide him with any assistance upon request.
Article 59
Rights of the data subject in criminal investigations and proceedings
(Article 18 of the Directive) In the context of criminal investigations and proceedings, the rights of information regarding the
processing, access, rectification or erasure and restriction of personal data, in accordance with the provisions of Articles 54 to 56, shall be exercised
in accordance with the provisions of the Code of Criminal Procedure, special
procedural provisions and the Code of Courts and Status of Judicial Officers (KODCDL), as applicable at each time.
SECTION IV
OBJECTIONS OF THE PROCESSOR AND THE CONTROLLER
Article 60
Processor
(Articles 22 and 23 of the Directive)
1. Where processing is carried out on behalf of a controller, the controller shall ensure compliance with the obligations arising from this Law
and from other provisions relating to the protection of personal data. The data subject's right to information, rectification, erasure and restriction of the processing of personal data, as well as the right to compensation in this case, shall be exercised against the controller.
2. The controller may only entrust the processing of personal data to processors who shall ensure, by means of appropriate technical and organisational measures, that the processing is carried out in accordance with the law and that the rights of the data subjects are protected. 3. Processing by a processor must be based on a contract or other legal instrument linking the processor to the controller, which specifies the subject matter, duration, nature and purpose of the processing, the nature of the personal data, the categories of data subjects and the rights and obligations of the controller. The contract or other legal act shall provide in particular that the processor:
a) shall act only on instructions and in accordance with the instructions of the controller, and if, while carrying out the processing, he considers that an instruction is unlawful, he shall inform the controller without delay;
b) shall guarantee that the persons authorised to process the personal data are obliged to maintain confidentiality, insofar as they are not subject to any reasonable legal obligation of confidentiality;
c) shall assist the controller by appropriate means in safeguarding the rights of the data subject;
d) upon completion of the provision of the processing services, at the discretion of the controller, return or delete all personal data
and destroy existing copies, unless there is a legal obligation to store them data;
e)provide the controller with all necessary information, in particular the records created in accordance with Article 74, as evidence of compliance with his obligations;
f)allow and contribute to audits carried out by the controller or by the controller authorised by him;
g)take all necessary measures in accordance with Article 62;
h)taking into account the nature of the processing and the information at his disposal, assist the controller in complying with the obligations laid down in Articles 62 to 65 and 67.
4. Where the processor outsources processing, it shall impose on it the same obligations as those set out in its contract with the controller in accordance with paragraph 3, which shall also apply to it, unless those obligations already bind the other processor under other provisions.
5. The processor may outsource processing only with the prior written consent of the controller. If the controller has granted the processor a general authorisation for the involvement of another processor, the processor shall inform the controller of any changes it intends to make relating to the addition or replacement of other processors. The controller may in such a case refuse such changes.
6. The contract referred to in paragraph 3 shall be in writing or
electronic.
7. The processor who determines the purposes and means of processing in breach of this Article shall be considered a controller.
Article 61
Joint controllers
(Article 21 of the Directive)
1. Where two or more controllers jointly determine the purposes and means of processing, they shall be joint controllers. The tasks and responsibilities of each of the joint controllers shall be defined in a transparent manner, in a written agreement to the extent that their tasks and responsibilities are not determined by law.
In particular, the agreement shall specify who is to fulfil the
information obligations and against whom data subjects may exercise their rights.
2. The existence of an agreement referred to in the previous paragraph shall not prevent the data subject from exercising his or her rights against each of the joint controllers.
Article 62 Security of processing
(Articles 19 and 29 of the Directive)
1. The controller and the processors, taking into account the available technology, the cost of implementation, the nature, scope, circumstances and purposes of the processing, as well as the likelihood and severity of the risks to data subjects, shall implement the necessary technical and organisational measures to ensure a level of security appropriate to the risk involved in the processing of personal data, in particular with regard to the processing of special categories of personal data.
2. The measures referred to in the previous paragraph may include, inter alia, pseudonymisation and encryption of the personal data, where such means are possible for the purposes of the processing. The measures pursuant to paragraph 1 shall ensure: (a) the confidentiality, integrity, availability and resilience of the systems and services relating to the processing; and (b) the possibility of restoring the availability and access to the personal data in a timely manner in the event of a natural or technical incident. 3. In relation to automated processing, the controller and the processor shall, after assessing the risks, implement measures aimed at:
a) preventing unauthorised persons from accessing equipment used for processing (equipment access control);
b) preventing the unauthorised reading, copying, modification or removal of storage media (storage media control);
c) preventing the unauthorised input of personal data and the unauthorised inspection, modification or deletion of stored personal data (storage control);
d) preventing the use of automated processing systems by unauthorised persons using data communication equipment (user control);
e) ensuring that persons authorised to use an automated processing system have access only to personal data nature covered by their authorisation (data access control);
f) ensuring that it is possible to verify and ascertain to which
organisations personal data have been transmitted or made available or may be transmitted or made available using data communication equipment
(communication control);
g) ensuring that it is possible to verify and ascertain subsequently which personal data have been entered into automated processing systems, as well as when and by whom (input control);
h) preventing the unauthorised reading, copying, modification or deletion of personal data during the transmission of personal data or during the transfer of data storage media
(transmission control);
i) ensuring that the functioning of the installed systems can be restored in the event of an interruption of the (recovery);
j) ensuring that the functions of the system are performed, that the occurrence of errors in the functions is reported without undue delay (reliability)
and that the stored personal data remain unaltered in the event of a system malfunction (integrity);
k) ensuring that personal data processed on behalf of the controller may only be processed in accordance with the instructions of the controller (processing control);
l) ensuring that personal data are protected against loss and destruction (availability control);
m) ensuring that personal data collected for different purposes can be processed with organisational or spatial separation (separability). The purpose of the first subparagraph in cases b to e may achieved
in particular by the use of encryption technology.
Article 63
Notification of a personal data breach to the Authority
(Article 30 of the Directive)
1. In the event of a personal data breach, the controller
shall notify the Authority of the breach without delay and,
where possible, within seventy-two (72) hours of having become aware of the breach, unless he or she reasonably considers that the breach is not likely
to put at risk the protected legitimate interests of a natural person.
Notification of the breach to the Authority after the expiry of the seventy-two (72)
hours shall be specifically justified as to the reasons for the delay.
2. The processor shall notify the controller without
delay as soon as he or she becomes aware of a personal data breach.
3. The notification referred to in paragraph 1 shall contain at least the following information:
a) the nature of the personal data breach,
including, where possible, the categories, the number of data subjects concerned, and the categories and the number of personal data files concerned;
b) the name and contact details of the data protection officer or other point of contact from whom further information can be obtained;
c) a description of the likely consequences of the personal data breach; and
d) a description of the measures taken or proposed to be taken by the controller to address the personal data breach and to mitigate any adverse consequences thereof.
4. Where it is not possible to provide the information referred to in the previous paragraph at the same time as the notification of the breach, the controller may provide it gradually as soon as it becomes available, without further delay.
5. The controller shall document each personal data breach, stating the facts relating to the breach, its consequences and the remedial measures taken.
6. Where the data breach concerns personal data transferred from or to a controller in another Member State, the information referred to in paragraph 3 shall be communicated to the controller in that Member State without delay.
7. The controller's further obligations regarding the notification of personal data breaches shall remain unaffected.
Article 64
Communication of a personal data breach to the data subject
(Article 31 of the Directive)
1. Where the personal data breach is likely to result in a significant risk to the protected legitimate interests of a natural person,
the controller shall immediately communicate the incident to the data subject.
2. When communicating to the data subject, in accordance with
paragraph 1, the nature of the breach shall be described in an intelligible and clear manner
and at least the content of cases b, c and d of
paragraph 3 of the previous article shall be mentioned.
3. Notification to the data subject shall not be required if
any of the following conditions is met:
a) the controller has taken appropriate technical and organisational security measures and has implemented those measures in the personal data affected by the breach, in particular measures such as
encryption, by means of which the data are rendered inaccessible to unauthorised persons;
b) the controller has taken subsequent measures to ensure the protection against the personal data breach; or
c) disproportionate efforts are required. In such a case, public notification must be made or similar measures must be taken to ensure that the data subject is informed in an equally effective manner.
4. If the controller has not informed the data subject of a personal data breach, the Authority may formally state that it considers that the conditions of paragraph 3 are not met. In doing so, it must take into account the likelihood that the damage will lead to a significant risk within the meaning of paragraph 1.5. The communication to the data subject pursuant to paragraph 1 may be postponed, restricted or omitted under the conditions laid down in Article 54(2), unless the interests of the data subject outweigh the significant risk of the infringement within the meaning of paragraph 1.
Article 65
Assessment of the impact of processing on the protection of personal data
(Article 27 of the Directive)
1. Where a form of processing, in particular where new technologies are used,
is likely to result in a significant risk to the protected legitimate interests of the data subject by reason of the nature, scope, circumstances and purposes of the processing, the controller shall first assess the consequences of carrying out the processing for the data subjects.
2. In order to investigate similar processing operations with similar potential for significant risk, a joint personal data protection impact assessment may be carried out.
3. The impact assessment shall take into account the rights of the data subject affected by the processing and shall contain at least the following:
a) a systematic description of the envisaged operations and the purposes of the processing;
b) an assessment of the necessity and proportionality of the processing operations in relation to the purposes pursued;
c) an assessment of the risks to the protected legitimate interests of the data subject; and
d) the measures to be taken to address the risks, including guarantees, safeguards and procedures to ensure the protection of personal data and to demonstrate compliance with legal requirements.
4. Where necessary, the controller shall check whether the
processing complies with the requirements resulting from the impact assessment.
Article 66
Cooperation with the Authority
(Article 26 of the Directive) The controller and the processor shall cooperate with the
Authority in carrying out its tasks.
Article 67
Prior consultation of the Authority
(Article 28 of the Directive)
1. The controller shall consult the Authority before the processing of personal data, which will be included in a new filing system to be set up, where:
a) it follows from the assessment referred to in Article 65 that the processing will result in a significant risk to the protected legitimate interests of the data subject unless the controller takes measures to mitigate it;
or
b) the type of processing, in particular due to the use of new technologies, mechanisms or
procedures, presents a significant risk to the protected legitimate interests of the data subject.
2. When preparing draft laws or regulatory acts concerning the processing of personal data by competent authorities for the purposes of Article 43 or related thereto, the Authority shall be consulted in good time.
3. The Authority may draw up a list of processing operations which are subject to prior consultation in accordance with paragraph 1. The Authority shall communicate this list to the controller.
4. When carrying out the prior consultation, the following shall be submitted to the Authority:
a) the data protection impact assessment carried out in accordance with Article 65;
b) where applicable, information on the responsibilities of the controller, the joint controllers and the processors involved;
c) information on the purposes and means of the envisaged processing;
d) information on the measures and safeguards aimed at
protecting the legitimate interests of data subjects; and
e) the name and contact details of the DPO. Upon request, the Authority shall receive any other information necessary to assess the lawfulness of the processing and, in particular, the risks to the protection of the personal data of data subjects and the related safeguards. 5. Where the Authority believes that the intended processing would infringe the law, in particular because the controller has not adequately identified the risk or has not taken adequate measures to mitigate the risk, it may, within a period of six (6) weeks from receipt of the request for consultation, provide written recommendations to the controller, and where applicable, to the processor, on the additional measures to be taken. The Authority may extend this period by one (1) month if the intended processing is particularly complex. In this case, the Authority shall inform the controller or processor of this extension.
6. If the processing undertaken is necessary for the performance of the tasks of the controller and is therefore particularly urgent, the controller may initiate the processing after the consultation has started but before the expiry of the period referred to in the first subparagraph of the previous paragraph. In such a case, the recommendations shall be taken into account ex post and the processing shall be adapted accordingly.
Article 68
Records of processing activities
(Article 24 of the Directive)
1. The controller shall keep records of all categories of processing activities falling within its competence. The file
shall include the following information:
a) the name and contact details of the controller and, where applicable, of any joint controller and DPO;
b) the purposes of the processing;
c) the categories of recipients to whom the personal data have been or are to be disclosed, including recipients in third countries or international organisations;
d) a description of the categories of data subjects and the categories of Personal Data;
e) where applicable, the use of profiling;
f) where applicable, the categories of transfers of personal data to a third country or international organisation;
g) an indication of the legal basis for the processing;
h) the time limits provided for the erasure of the various categories of personal data or for the review of the need for their erasure; and
i) a general description of the technical and organisational security measures referred to in Article 62.
2. The processor shall keep a record of all categories of processing carried out on behalf of the controller, which shall include:
a) the name and contact details of each processor, each controller on whose behalf the processor acts and, where applicable, the DPO;
b) the categories of processing carried out on behalf of each controller;
c) the transfers of personal data to a third country or international organisation, where the processor has received an explicit instruction from the controller; and
d) where possible, a general description of the technical and organisational security measures referred to in Article 62.
3. The records referred to in paragraphs 1 and 2 shall be kept in writing.
4. The controller and the processor shall make the records available to the Authority upon request.
Article 69
Data protection by design and by default
(Article 20 of the Directive)
1. The controller shall, both when determining the means of processing
and at the time of processing, take appropriate measures to
implement the principles of personal data protection, such as
data minimisation, in an effective manner so as to ensure
compliance with legal requirements and the protection of the rights of
the data subjects. The controller shall take into account the
state of the art, the costs of implementation and the nature, scope,
the context and the purposes of the processing, as well as the risks of varying likelihood and severity for the protected legitimate
interests of the data subject in the processing. In particular, personal data shall be processed and the processing systems shall be selected and designed in accordance with the principle of minimisation. Personal data shall be made anonymous or pseudonymised as soon as possible, to the extent possible, in accordance with the purpose of the processing.
2. The controller shall implement appropriate technical and organisational measures to ensure that, by definition, only the personal data which are necessary for each specific purpose of the processing are processed. This applies to the number of data collected, the extent of their processing, the period for which they are stored and their accessibility. In particular, the measures shall ensure that, by definition, the data are not made accessible by automated means to an indeterminate number of persons.
Article 70
Distinction between different categories of data subjects
(Article 6 of the Directive)
1. When processing personal data, the controller shall, as far as possible, clearly distinguish between different categories of data subjects. This applies in particular to the following categories:
a) persons for whom there are serious grounds for believing that they have committed a criminal offence;
b) persons for whom there are serious grounds for believing that they are about to commit a criminal offence;
c) persons who have been convicted of a criminal offence;
d) victims of a criminal offence or persons for whom certain factual circumstances give rise to the belief that they may be victims of a criminal offence; and
e) other persons, such as witnesses, informants or associates or
collaborators of the persons referred to in points (a) to (d).
“Article 71
Distinction between personal data and verification of their identity
(Article 7 of the Directive)
During processing, the controller shall distinguish, to the extent possible,
between personal data based on factual situations
and those based on personal assessments. For this purpose, the controller shall identify assessments based on personal assessments as such, to the extent possible in the context of that processing. It must also be possible to identify which competent authority holds the files on which the assessment based on personal assessments is based.”
***Article 71 was amended and formulated as above by paragraph 5e of
Article 36 of Law 5002/2022 (Government Gazette A` 228/09.12.2022)
Article 72
Transfer procedure
(Articles 7 and 9 of the Directive)
1. The controller shall take appropriate measures to ensure that
personal data which are inaccurate or no longer
up-to-date are not transferred or otherwise made available. For this purpose, the controller shall verify, to the extent possible,
using reasonable efforts, the quality of the data prior to their
transmission or disposal. The controller shall also, to the extent possible and reasonable, include in all transfers of personal data the necessary information to enable the recipient to assess the degree of accuracy, completeness and reliability of the data, as well as the extent to which they are up-to-date.
2. If the processing of personal data is subject to specific conditions regarding their transfer, the transmitting authority shall inform the recipient of those conditions and of the obligation to comply with them. The obligation to provide information may be fulfilled by marking the data accordingly.
3. The transmitting competent authority shall not apply the terms of the previous
paragraph to recipients in other Member States of the European Union or to
agencies, departments and agencies established in accordance with Title V
Chapters 4 and 5 of the Treaty on the Functioning of the European Union, except
those applicable to similar data transfers within the Greek
Territory.
“Article 73
Correction of personal data - Storage and
Review Time Limits - Restriction of processing
(Article 5 of the Directive)
1. The controller shall rectify inaccurate personal
data.
2. The controller shall erase personal data without undue delay if the processing is unlawful and the personal data must be erased for compliance with a legal obligation or knowledge of the personal data is no longer necessary for the purposes of the processing. 3. The law shall determine the storage period. Upon expiry of this period, the data shall be erased. 4. The law may provide for a periodic review of the storage period by the controller, the periods and the criteria for such review. Such review shall be based on the principle of storage limitation for the period necessary to achieve the purpose of the processing referred to in paragraph 2 of Article 45A. The criteria, which
shall be taken into account when determining the initial storage period and
the periodic review of the necessity of data retention,
include, in particular, the category of the data subject, in accordance with
Article 70, the age of the subject, the seriousness of the criminal offence and
the corresponding criminal sanction, the seriousness of the risk or suspected
threat to public security, the existence of pending criminal investigations,
any limitation period, recidivism and the need for victim protection.
5. The data protection officer shall participate in the process of reviewing
the necessity of further retention of personal data.
6. Paragraphs 3 to 5 of Article 56 shall apply mutatis mutandis. The recipient shall also be informed if inaccurate personal data have been transmitted or if personal data have been transmitted unlawfully.
7. The controller shall ensure compliance with the requirements of this Regulation already when designing the relevant processing operations and the corresponding systems and procedures as defined in Article 69.”
***Article 73 was replaced as above by Article 43 of Law 5002/2022 (Government Gazette A`
228/09.12.2022)
Article 74
Records
(Article 25 of the Directive)
1. The controller and the processor shall keep records
in automated processing systems at least for the following
processing operations:
a) collection,
b) alteration,
c) consultation,
d) disclosure, including transfers,
e) combination and
f) erasure.
2. The logs of consultations and communications shall allow the justification, date and time of the operations in question to be established and, to the extent possible, the identity of the person who consulted or communicated personal data, as well as the identity of the recipients of the data.
3. The logs may be used only for the verification of the lawfulness of the processing of personal data by the Authority and the data subject, as well as for self-monitoring, ensuring the integrity and security of personal data and for criminal proceedings.
4. The logs shall be deleted at the end of the year following the year in which they were created.
5. The controller and the processor shall make the logs available to the Authority upon request.
SECTION V
TRANSFER OF PERSONAL DATA TO THIRD COUNTRIES OR
INTERNATIONAL ORGANISATIONS
Article 75
General principles governing transfers of personal data
(Article 35 of the Directive)
1. If all other conditions applicable to transfers of personal data, as laid down in this
Chapter, are met, the transfer of personal data to authorities of
third countries or to international organisations shall be permitted provided that:
a) the authority or international organisation is competent for the purposes referred to in
Article 43, and
b) the Commission has adopted a decision ensuring an adequate level of protection by the third country, territory or one or more several
specific sectors in the third country or by the international organisation in question
or, in the absence of such a decision, appropriate safeguards have been provided or their existence is established in accordance with the following Article or, in the absence of the above, derogations for specific situations in accordance with Article 77 apply.
2. The transfer of personal data shall not be permitted, notwithstanding the existence of an adequacy decision in accordance with the preceding paragraph and notwithstanding that the public interest so requires, if in the specific case the protection of the fundamental rights and legitimate interests of the data subject in the processing of his or her data by the recipient cannot be ensured. The controller shall assess the degree of protection of the above rights and legitimate interests of the data subject on the basis of whether the recipient of the personal data in the third country guarantees in the specific case their appropriate protection. 3. Where personal data transmitted or made available from another Member State of the European Union are to be transmitted in accordance with paragraph 1, such transmission shall first be authorised by the competent authority of the other Member State. Transfers without prior authorisation shall be permitted only if the transfer is necessary to prevent an immediate and serious threat to the public security of a State or to the essential interests of a Member State and prior authorisation cannot be obtained in good time. In the case of paragraph 2, the authority or body of the other Member State which would be responsible for granting the authorisation shall be informed of the transfer immediately.
4. The controller who transfers personal data in accordance with paragraph 1 shall take appropriate measures to ensure that the recipient only transfers the transferred data to other third countries or international organisations where the controller has previously authorised such transfer. When deciding whether to grant the authorisation, the controller shall take into account all relevant factors, in particular the seriousness of the offence, the purpose of the initial transfer and the level of protection of personal data in the third country or international organisation to which the data are to be transferred. Authorisation may only be granted if the direct transfer to another third country or to another international organisation is permitted.
Article 76
Transfers subject to appropriate safeguards
(Article 37 of the Directive)
1. In the absence of a decision ensuring an adequate level of protection in accordance with
paragraph 1(b) of the previous Article, the transfer of personal data to a third country or international organisation may take place if:
a) appropriate safeguards as regards the protection of personal data have been provided for in a legally binding instrument, or
b) the controller has assessed the circumstances of the transfer of personal data and has considered that there are appropriate safeguards as regards their protection.
2. The controller shall keep a record of the transfers in accordance with
case b of paragraph 1. The record shall include the date and
time of the transfer, the identity of the recipient, the reason for the transfer and
the personal data transferred. The above record shall
be made available to the Authority upon request.
Article 77
Derogations for specific situations
(Article 38 of the Directive)
1. In the absence of a decision ensuring an adequate level of protection in accordance with
paragraph 1(b) of Article 75 or of appropriate safeguards under
paragraph 1 of the previous Article, transfers which meet the other
conditions of Article 75 shall only be carried out if this is necessary:
a) to protect the vital interests of the data subject or
another person,
b) to protect the legitimate interests of the data subject,
c) to prevent an immediate and serious threat to the public security of a
country,
d) in individual cases for the purposes set out in Article 43, or
e) in individual cases for the establishment, exercise or defence of
legal claims relating to the purposes of Article 43.
2. The transfer of personal data in accordance with the previous paragraph shall not be permitted when the transmitting Competent Authority considers that the
fundamental rights and legitimate interests of the data subject
override the public interest in carrying out the transfer.
3. For the transfers of paragraph 1, paragraph 2
of the previous article shall apply mutatis mutandis.
Article 78
Transfer of personal data to recipients established in third countries
(Article 39 of the Directive)
1. In specific individual cases and if all other requirements for transfers of data to third countries are met, controllers
may transfer personal data directly to recipients in third countries not referred to in point (a) of paragraph 1 of Article 75, if the transfer is strictly necessary for the performance of their tasks, and
a) in that case, no fundamental right of the data subject overrides the public interest in the transfer,
b) the transfer to the authorities referred to in point (a) of paragraph 1 of Article 75 is ineffective or inappropriate, in particular because the transfer cannot be carried out in due time, and
c) the controller informs the recipient of the purposes of the
processing and gives clear instructions to him that the data transferred
may be processed only to the extent that this is
necessary for those purposes.
2. In the case of paragraph 1, the controller shall inform the authorities referred to in point (a) of paragraph 1 of
Article 75 without delay, unless this would be ineffective or inappropriate.
3. Paragraphs 2 and 3 of Article 75 shall apply mutatis mutandis to transfers in accordance with paragraph 1.
4. In the case of transfers in accordance with paragraph 1, the controller shall oblige the recipient to process the personal data transferred without the consent of the controller only for the purpose for which they were transferred.
5. Agreements in the field of judicial cooperation in criminal matters and police cooperation shall not be affected.
SECTION VI
COOPERATION BETWEEN SUPERVISORY AUTHORITIES
Article 79
Mutual assistance
(Article 50 of the Directive)
1. The Authority shall provide the supervisory authorities of other Member States of the European Union with information and mutual assistance to the extent necessary for the implementation of this Chapter. Mutual assistance shall cover in particular
requests for information and supervisory measures, such as requests for
consultations, inspections and investigations.
2. The Authority shall take all appropriate measures to respond without delay to a request for mutual assistance from another supervisory authority of a Member State and no later than one month after receipt of the request. 3. The Authority may refuse to comply with the request: (a) if it is not competent for the subject matter of the request or for the measures which it is requested to take, or (b) compliance with the request would be unlawful. 4. The Authority shall inform the requesting supervisory authority of the other Member State of the results or, where appropriate, of the progress or measures it has taken to comply with the request. In the case of the previous paragraph, it shall give reasons for its refusal to comply with the request. 5. The Authority shall, as a rule, provide the information requested by the supervisory authority of the other Member State by electronic means and in a standardised format.
6. The Authority shall not charge a fee for actions taken pursuant to a request for mutual assistance, unless it has agreed with the supervisory authority of the other Member State in individual cases on compensation for specific costs arising from the provision of mutual assistance.
7. Requests for assistance to the Authority shall provide all necessary information,
including the purpose of the request and the reasons for its submission. The information exchanged shall be used only for the purpose for which it was requested.
SECTION VII
LIABILITY AND SANCTIONS
Article 80
Civil liability of the controller
(Articles 54 and 56 of the Directive)
A public authority, in its capacity as controller of personal data, which has unlawfully caused damage to the data subject in breach of the provisions of Articles 6
to 8 or of the provisions of this Chapter, shall be liable, in accordance with the provisions of Articles 105 and 106 of the Data Protection Act, to compensation or financial satisfaction for moral damage suffered by the data subject.
Article 81
Criminal sanctions
(Articles 54 and 57 of the Directive)
Article 38 shall also apply to the processing of personal data
by competent authorities for the purposes of Article 43.
Article 82
Administrative sanctions
(Articles 54 and 57 of the Directive)
1. Without prejudice to the supervisory powers of the Authority in accordance with Article 15 of this
Directive, the Authority, by a specifically reasoned decision and after a prior call for explanations from the interested parties, may impose the following administrative fines on competent
Authorities for breaches of their obligations as controllers of personal data:
a) for breaches of Articles 6 to 8 and Articles 60 to 78, an administrative
fine of up to one million (1,000,000) euros,
b) for violations of articles 45 to 57, an administrative fine of up to two million
(2,000,000) euros and
c) for non-compliance with an order of the Authority in accordance with article 15, paragraph
4, an administrative fine of up to two million (2,000,000) euros.
2. When deciding on the imposition of an administrative fine, as well as on its amount, the following shall be taken into account for each individual case:
a) the nature, gravity, duration of the infringement, the extent or purpose of the relevant
processing, as well as the number of data subjects affected by the infringement and the extent of the damage suffered by them,
b) any actions taken by the competent Authority to mitigate the damage suffered by the personal data subjects,
c) any relevant previous infringements of the competent Authority,
d) the categories of personal data affected by the infringement,
e) the manner in which the Authority became aware of the infringement, in particular whether and
to what extent the competent Authority notified the infringement and
f) whether any the competent authority for the same infringement, the measures referred to in Article 15 paragraph 4, the degree of its compliance with them.
CHAPTER E
FINAL AND TRANSITIONAL PROVISIONS
Article 83
Transitional provisions 1. Where in provisions of the applicable legislation reference is made to Law 2472/1997
it shall be understood as a reference to the relevant provisions of the GDPR and the present provisions.
2. The directives and regulatory acts of the Authority shall remain in force, provided that they do not
contradict the GDPR and the regulations of the present provisions.
3. The permanent and private law personnel serving, at the time of the adoption of this Act, in the Authority, shall be automatically classified in corresponding,
by category, sector or specialty, public or private law positions, in accordance with
their formal qualifications.
4. Applications pending before the Authority until 25.5.2018, in addition to
admissible appeals of personal data subjects,
shall be filed with a declaratory act of the President of the Authority.
“Article 84
Law 2472/1997 (Government Gazette 50) on the protection of individuals from the processing of personal data is hereby repealed, without prejudice to paragraph 3 of
Article 13, the establishment of the Authority in accordance with paragraph 1 of Article 15, paragraphs 2 and 3
of Article 18 and Article 21, which concerns the imposition of administrative sanctions,
in accordance with paragraph 4 of Article 13 of Law 3471/2006 (Government Gazette 133), which
remain in force.”
***Article 84 was replaced as above by article 44 of Law 5002/2022 (Government Gazette A`
228/09.12.2022)
"Article 84A
Publication of personal data by the prosecution authority
1. By order of the competent First Instance Prosecutor or the Appeals Prosecutor, if
the case is pending at the Court of Appeal, the Hellenic Police shall
publicize, for a period not exceeding six (6) months, the
identity, image and criminal prosecution data of an accused or
convicted of a felony, a misdemeanor of Chapter Nineteen,
on crimes against sexual freedom and economic exploitation
of sexual life, of the Criminal Code (Law 4619/2019, (Α` 95), as well as for a misdemeanor punishable by a prison sentence of at least two (2) years.
2. The disclosure of personal data of par. 1 is intended
exclusively:
a. to investigate, detect or prosecute the crimes of par. 1,
b. to execute an arrest warrant or conviction of
the accused or convicted person for the crimes of par. 1.3. The competent prosecution authority may issue a special and thoroughly
reasoned order, provided that the disclosure, in whole or in part, of the
personal data of the accused or convicted person
referred to in par. 1 is appropriate for achieving the purposes of par. 2
and for prevention of a threat to public security in relation to the crime under investigation and it is not possible to choose other measures less burdensome for fundamental rights.
4. The application shall be submitted by the competent authorities of paragraph 1 of Article 44. In the case of a preliminary investigation, the application shall be submitted by the competent investigative officer, while in the case of a main investigation by the investigator. The order of the public prosecutor's office, which is executed by the Greek Police, shall contain: a) the identity of the accused or convicted person, b) his/her image, c) the criminal prosecution or conviction, as well as the presentation of the necessary factual circumstances, d) the purpose and objective of the disclosure, e) the manner and means thereof, f) the time period of preservation of the publication and any reproduction thereof, within the framework of paragraph 1.
5. The publication of personal data relating to criminal prosecution or conviction shall take place in a manner consistent with the obligation to respect the presumption of innocence. The validity of the provision shall automatically cease upon the expiry of the specified period of time and the preservation of the published personal data, as well as any reproduction thereof, shall be prohibited. In the event that the intended purpose and objective are fulfilled within a shorter period of time than that of paragraph 1, the prosecution authority shall revoke the provision by issuing a new one, which shall be executed by the Hellenic Police.
6. An appeal may be filed against the order of the prosecution authority within two (2)
days from the notification to the accused or convicted person before the
Head of the First Instance Prosecutor's Office or the Head of the Appeals Prosecutor's Office, if the case is pending in the Court of Appeal, who shall rule within two (2)
days. Until the competent Prosecutor has ruled, the execution of the
order and the publication of personal data are prohibited.
7. Exceptionally, in the crimes of Articles 187, on criminal organization, 187A, on terrorist acts-terrorist organization, 187B, on criminal support and those of Chapter Nineteen, on crimes against sexual freedom and economic exploitation of reproductive life of the Criminal Code, the prosecutor's order is executed immediately, and is ratified by the head of the Appeals Prosecutor's Office within twenty-four (24) hours, provided that it has been issued by the Prosecutor of First Instance. Otherwise, the validity of the relevant order ceases automatically upon the expiration of the twenty-four (24) hour period."
***Article 84A was added by Article 45 of Law 5002/2022 (Government Gazette A`
228/09.12.2022)Article 85
Validity of international or bilateral international agreements
International or bilateral international agreements concerning the transfer of personal data to third countries or international organizations in the field of
judicial cooperation in criminal matters or police cooperation before
6.5.2016 and which are compatible with the Union law applicable before
this date shall continue to apply until
they are amended, replaced or revoked.
Article 86
1. From the entry into force of this Act and without prejudice to paragraphs 2, 3
and 4, the following shall be repealed: (a) article one of the Legislative Act of 18.7.2015 "Emergency Regulations for the Establishment of Restrictions on Cash Withdrawals and the Transfer of Capital" (A 84), which was ratified by article 4 of
Law 4350/2015 (A 161), as in force, (b) the ministerial decisions issued under the authorization of the provisions of the aforementioned Legislative Act of 18.7.2015 and (c) the regulatory decisions of the Banking Transactions Approval Committee, established by paragraph 4 of article one of the Legislative Act of 28
June 2015 “Short-term banking holiday” (A 65), which was ratified by article 1 of law 4350/2015, as in force.
2. The Bank of Greece and the Capital Market Commission remain competent for
continuing pending audits and conducting new ones (sample or following a complaint) regarding the compliance of the institutions
and entities supervised by them with the provisions of the Legislative Act of 18.7.2015
“Emergency Regulations for the establishment of restrictions on cash withdrawals and the
transfer of capital” (A 84), which was ratified by article 4 of law 4350/2015 (A 161), as in force, for violations of its provisions that occurred up to
the commencement The present. Paragraphs 13 and 13 of the first article of the Legislative Act of 18.7.2015 "Urgent Arrangements for the establishment of restrictions on cash withdrawals and the transfer of funds" (A 84), which was ratified by article 4 of Law 4350/2015 (A 161), as in force, are maintained in force.
3. Paragraph 14 of Article 1 of the Legislative Act of 18.7.2015 "Emergency Regulations for the Establishment of Restrictions on Cash Withdrawals and the Transfer of Capital" (A 84), which was ratified by Article 4 of Law 4350/2015 (A 161), as in force, shall remain in force for violations of its provisions that occurred until the entry into force of this Act.
4. The first and second subparagraphs of paragraph 15 of article one of the Legislative Act of 18.7.2015 "Urgent Arrangements for the Establishment of Restrictions on Cash Withdrawals and Capital Transfers" (A 84), which was ratified by article 4 of Law 4350/2015 (A` 161), as in force, shall remain in force.
5. The electronic archive of the Banking Transactions Approval Committee shall be sealed and kept unaltered, in an inactive state, in the relevant systems of the Bank of Greece, under the responsibility of the aforementioned Information Technology Directorate.
Specific issues regarding the electronic archive may be regulated by an act of the Governor of the Bank of Greece. The physical archive is kept in the
Financial Policy Directorate of the General Secretariat for Economic Policy of the Ministry of Finance. Specific issues regarding the physical archive may be regulated by a decision of the Minister of Finance. The archive
is accessible by the supervisory authorities of paragraph 2, as well as by any
auditing, judicial or prosecutorial authority for the investigation of acts or omissions
related to violations of the repealed provisions of paragraph 1,
during their validity period. The deletion of data from the archive may
be carried out, by decision of the Minister of Finance, after the lapse of
twenty years from the decision of the Banking Transactions Approval Committee.
6. The present regulation shall enter into force on 1.9.2019.
Article 87
Entry into force
The present law shall enter into force upon its publication in the Government Gazette, unless another provision provides otherwise.
We order the publication of this law in the Government Gazette and its execution as a law of the State.
Athens, 28 August 2019
The President of the Republic
PROKOPIOS V. PAVLOPOULOS
The Ministers
of Finance
CHRISTOS STAIKOURAS KONSTANTINOS TSIARAS
It was considered and the Great Seal of the State was affixed.
Athens, 29 August 2019
The Minister of Justice
KONSTANTINOS TSIARAS
