Difference between revisions of "HDPA - 47/2019"

From GDPRhub
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|Parties:||National Register of Undesirable Aliens (EKANA)   
 
|Parties:||National Register of Undesirable Aliens (EKANA)   
 
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|National Case Number:||46/2019
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|National Case Number:||47/2019
 
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|European Case Law Identifier:||n/a
 
|European Case Law Identifier:||n/a
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|Original Source:||[https://www.dpa.gr/portal/page?_pageid=33%2C15453&_dad=portal&_schema=PORTAL&_piref33_15473_33_15453_15453.etos=2019&_piref33_15473_33_15453_15453.arithmosApofasis=&_piref33_15473_33_15453_15453.thematikiEnotita=-1&_piref33_15473_33_15453_15453.ananeosi=%CE%91%CE%BD%CE%B1%CE%BD%CE%AD%CF%89%CF%83%CE%B7 HDPA (GR)]
 
|Original Source:||[https://www.dpa.gr/portal/page?_pageid=33%2C15453&_dad=portal&_schema=PORTAL&_piref33_15473_33_15453_15453.etos=2019&_piref33_15473_33_15453_15453.arithmosApofasis=&_piref33_15473_33_15453_15453.thematikiEnotita=-1&_piref33_15473_33_15453_15453.ananeosi=%CE%91%CE%BD%CE%B1%CE%BD%CE%AD%CF%89%CF%83%CE%B7 HDPA (GR)]
  
|}The HDPA rejected complaint filed by alien with regard to the erasure of her data from the Schengen Information System (SIS) and the  National Register of Undesirable Aliens (EKANA).
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|}The HDPA rejected complaint filed by alien with regard to the erasure of his data from the Schengen Information System (SIS) and the  National Register of Undesirable Aliens (EKANA).
  
 
==English Summary==
 
==English Summary==
 
===Facts===
 
===Facts===
Alien asked the erasure of her data from SIS and EKANA. The HDPA invited the Aliens Division of Attica to provide supporting documentation.  
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Alien asked the erasure of his data from SIS and EKANA. The HDPA invited the Aliens Division of Attica to provide supporting documentation. The complainant exercised his right to erasure twice before EKANA, but his request was rejected both of the times, since he hadn't submitted the documents needed to prove a legal residence in Greece.
  
 
===Dispute===
 
===Dispute===
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===Holding===
 
===Holding===
The HDPA found that the complainant was lawfully registered in both registers for reasons of public order and public security. Her registration was reassessed by the competent authorities within less that three years after the initial registration and they decided that it should be maintained.  
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The HDPA found that the complainant had been arrested because he didn't have residence documents. He was also sentenced in prison for eight months by the Greek Courts for other violations, while a return decision against him is still pending. Therefore, the HDPA found that the complainant was lawfully registered in both registers for reasons of public order and public security and there has been no reason for the registration's reassessment since the three-year period after the last registration is still ongoing.  
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On these grounds, the HDPA rejected the complaint as unfounded.     
 
On these grounds, the HDPA rejected the complaint as unfounded.     
  

Revision as of 11:28, 4 February 2020

HDPA - 47/2019
LogoGR.jpg
Authority: HDPA (Greece)
Jurisdiction: Greece
Relevant Law: Article 83 L. 4624/2019 (Data Protection Act 2019)

Article 6 GDPR

Article 21 GDPR

Article 82 L. 3386/2005

Type: Complaint
Outcome: Rejected
Decided: 24. 12. 2019
Published: n/a
Fine: n/a
Parties: National Register of Undesirable Aliens (EKANA)
National Case Number: 47/2019
European Case Law Identifier: n/a
Appeal: n/a
Original Language: Greek
Original Source: HDPA (GR)

The HDPA rejected complaint filed by alien with regard to the erasure of his data from the Schengen Information System (SIS) and the National Register of Undesirable Aliens (EKANA).

English Summary

Facts

Alien asked the erasure of his data from SIS and EKANA. The HDPA invited the Aliens Division of Attica to provide supporting documentation. The complainant exercised his right to erasure twice before EKANA, but his request was rejected both of the times, since he hadn't submitted the documents needed to prove a legal residence in Greece.

Dispute

Holding

The HDPA found that the complainant had been arrested because he didn't have residence documents. He was also sentenced in prison for eight months by the Greek Courts for other violations, while a return decision against him is still pending. Therefore, the HDPA found that the complainant was lawfully registered in both registers for reasons of public order and public security and there has been no reason for the registration's reassessment since the three-year period after the last registration is still ongoing.

On these grounds, the HDPA rejected the complaint as unfounded.

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English Machine Translation of the Decision

There is no available machine translated decision. Please refer to the Greek original decision for details.