HDPA (Greece) - 3/2022

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HDPA (Greece) - 3/2022
Authority: HDPA (Greece)
Jurisdiction: Greece
Relevant Law: Article 5(1)(c) GDPR
Type: Complaint
Outcome: Upheld
Started: 04.09.2020
Decided: 13.01.2022
Fine: None
Parties: anonymous
Ministry of National Defence
National Case Number/Name: 3/2022
European Case Law Identifier: n/a
Appeal: n/a
Original Language(s): Greek
Original Source: HDPA (in EL)
Initial Contributor: Heiko Hanusch

The Greek DPA held that the Ministry of National Defense violated the principle of data minimisation by issuing a data subject's military status certificate with excessive personal data, and ordered it to reissue the certificate including only the data subject's name.

English Summary[edit | edit source]

Facts[edit | edit source]

The data subject complained to the Ministry of National Defence that his military status certificate ("Type A Certificate") mentioned that he was recognised as a conscientious objector for religious reasons or ideological beliefs, did community service and and is not subject to any military service.

The Ministry of National Defence rejected the complaint.

As a result, the data subject lodged a complaint with the HDPA (Greek DPA).

Holding[edit | edit source]

The HDPA upheld the complaint and held that Ministry of National Defense violated the principle of data minimisation under Article 5(1)(c) GDPR.

It reasoned that the Type A Certificate's general purpose is to only certify that the holder is not subject to military obligations. As long as there are no special circumstances which require the certificate to mention further information, the certificate's purpose is achieved by just mentioning the name of the holder. Special circumstances may be the particular objectives which the applicant pursues with the certificate or legal provisions requiring additional information.

Since no special circumstances existed, the Ministry of National Defense violated Article 5(1)(c) GDPR.

Comment[edit | edit source]

For the corresponding decision of the same day see HDPA (Greece) - 2/2022.

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English Machine Translation of the Decision[edit | edit source]

The decision below is a machine translation of the Greek original. Please refer to the Greek original for more details.

  Athens, 13-01-2022 No. Prot .: 79 DECISION 3/2022 (Department) The Personal Data Protection Authority met in a composition of the Department at its headquarters on 26.07.2021 at the invitation of its President, in order to examine the case that refers to the history hereof. The President of the Authority K. Menoudakos, and the regular members of the Authority S. Vlachopoulos, as rapporteurs, Ch. Anthopoulos and K. Lambrinoudakis were present. Present without the right to vote were K. Karveli, a specialist scientist-lawyer, as an assistant rapporteur, who left after the discussion of the case and before the conference and the decision and G. Paleologos, an employee of the administrative affairs department of the Authority, as secretary. The Authority took into account the following: In from 4.9.20 and with no. prot. 2005 as amended and in force. In… year… he completed the, lasting ... months, alternative political social service and since then he has not been subject to any military obligation. In… of the year λε he submitted a digital application in order to be granted a certificate of military status from the website stratologia.gr. He χο was issued document No. από by the Military Service Φ, stating that he was recognized as a conscientious objector for reasons of religious or ideological beliefs, performed alternative political social service and is not subject to any military obligation. As he complains, from this certificate emerge data concerning his political views and philosophical beliefs, in violation of the provisions of article 22 et seq. Of law 4624/2019 and article 9 of the GCP. For this reason, in λε she submitted an application for deletion according to article 17 GKPD of the data of special categories which is observed and is still processed by the Military Service F. In her reply document στο to the request for deletion, the Military Service F stated that issued in…, with number…, reflected the military changes related to the fulfillment of alternative social service, without mentioning changes related to political views, philosophical beliefs or physical ability. Following this, in his complaint to the Authority, he complains that the Military Service Φ did not satisfy his request, and asks the Authority to intervene in order to a) delete all unnecessary personal data from any database (digital or printed) of the military service, in accordance with the current legislation and the relevant decisions of the Authority and b) to be issued a certificate of military status in which it is written and certified only the fact that he has fulfilled his military obligations. The Authority, in the context of the investigation of the complainants, sent the no. prot. G / EX / 5987-1 / 08.12.20 document for providing clarifications regarding the complaint of A to the Military Service Φ, which in no. prot. G / EX / 8912 / 2912.20 its answer stated the following: a) according to articles 49 and 67 of law 3421/2005, it is not possible to delete data concerning the military monitoring of the Greeks, but only the - revocation and not deletion of the military changes, b) from the registration of the recognition as an objection of conscience and fulfillment of alternative political social service of the complainant in his military portion neither his religious, nor his philosophical and ideological perceptions are expressed, c) he can not a military change has been registered that the conscientious objector has fulfilled the military obligations since he does not have the military status, and d) the data listed in the issued certificate do not reveal the religious, philosophical or ideological beliefs of the complainant. The Authority, after examining the complaint and the details of its dossier and after hearing the rapporteur and the assistant rapporteur, who left after the discussion of the case and before the conference and the decision, after a thorough discussion THOUGHT ACCORDING TO THE LAW 1. According to the provisions of article 5 par. 1 of the GCP, personal data must, inter alia: (b) be collected for specified, express and lawful purposes and not be further processed in a manner incompatible with those purposes; (c) be appropriate, relevant and limited to the purposes necessary for processing ("data minimization") and (d) be accurate and, where necessary, up to date. 2. In accordance with Article 42 of the Rules of Organization and Operation of the Joint Legal Body, military changes are registered in the military units by the staff of the Service, which is responsible for the issuance of the relevant administrative act and are confidential elements that are not disclosed to third parties. the type of changes registered in the files is determined by orders issued by GEETHA. Confidentiality is an obligation and responsibility arising from the current legislation on personal data protection, while exceptionally it is possible to disclose to third parties changes or data from the computer records and military registers, in accordance with the conditions set by the current legislation on the protection of the individual from the processing of personal data and for the reasons set out therein. Also, according to article 44 of the Regulation of Organization and Operation of the Common Legal Corps, the certificates of military status are used in the cases when the interested parties want the certification of their military status or the certification of all or some of their military changes. In order to make a decision on the indication of all or some changes, the purpose for which the person concerned requests the issuance of the certificate is taken into account, and if this is not clearly deduced from the relevant application, the changes of classification and dismissal, award are indicated in the certificate. ranks of officer and swearing in, recognition of service time and entry into reserve and time not counted as time of actual military service. For the issuance of certificates, the provisions of the current legislation for the protection of the individual from the processing of personal data are taken into account. Changes relating to unsuitability for military service or postponement for health reasons or shift of classification for health reasons or to physical fitness crisis are listed in accordance with applicable legislation to protect the individual from the processing of personal data. However, it is possible, if the interested party explicitly requests it in his application, to indicate these changes, as they have been registered in his conscription unit. For those who are in disobedience or insubordination, no certificate of military status is issued. 3. In order for personal data to be legally processed, ie processed in accordance with the requirements of the GCP, the conditions for the application and observance of the principles of Article 5 par. 1 GCP must be met cumulatively. Certificates of enlistment issued by the enlistment offices on the basis of the information entered in the enlistment office should include only that information which is necessary for the purpose for which it is issued. The indication of any other element that does not meet this purpose is superfluous and contradicts the principles of proportionality, appropriateness and minimization of processing set out in the above provisions of the GCC. Specifically, the main purpose of the certificate of general military status, certificate type AD, is the certification that one is no longer subject to military obligations. The entry in the certificate of any other data is therefore contrary to the above principles and is therefore illegal. Home means that the certificate legally includes more information or all military changes if required by law for the purpose for which the certificate is issued. In this respect, which is based on the GCC, the above-mentioned provision of Article 44 of the Regulation on the Organization and Operation of the Common Legal Entity is harmonized, which stipulates that certificates of military status are used in cases where those interested in certifying military their status or certification of all or some of their military changes, that the indication of all or some of the changes shall take into account the purpose for which the protecting the individual from the processing of personal data. 4. In the case of A's complaint, a certificate of military status of type AD was issued, "upon a relevant application for each legal use", which lists three military changes concerning his subordination to those in charge of an alternative political social service as a conscientious objector. his presentation on the execution of the alternative civil service and his dismissal after the performance of this service, respectively, and it is confirmed that "he has fulfilled the alternative service and is not currently subject to any military obligation". The content of this certificate is not legal, according to the previous paragraphs, because in addition to the statement that the complainant is not subject to military service, the above-mentioned military changes are mentioned and the fact that he has performed alternative service, without this information being necessary for the specific purpose for which the certificate was requested. FOR THESE REASONS The Authority INVITES the Ministry of National Defense, as the person in charge of processing, to issue for the complainant again the certificate of military status type A 'with the indication only since he is no longer subject to any military obligation. The President The Secretary Konstantinos Menoudakos Georgia Paleologos