[co-authors: Mary Deligianni and Yolanda Antoniou-Rapti, Zepos & Yannopoulos]
In this chapter:
Q1/ Applicable legislation
Q2/ Personal data of deceased persons
Q3/ Legal bases for processing
Q4/ Consent of children
Q5/ Processing of sensitive personal data
Q6/ Data relating to criminal offences or convictions
Q8/ Restrictions on data subjects’ rights
Q9/ Joint controllership
Q11/ Data protection Impact Assessments
Q12/ Prior authorisation and public interest
Q14/ International data transfers
Q16/ Claims by not-for-profit bodies
Q17/ Administrative fines, penalties and sanctions
Q18/ Freedom of expression and information
Q19/ National identification numbers
Q20/ Processing in the context of employment
Q21/ Other material derogations
Q22/ Current legal challenges
Q24/ Regulatory Guidance
(a) Have the requirements of the GDPR been addressed by introducing a new law, or by updating existing legislation?
Greece has implemented the requirements of the GDPR through new legislation, in the form of Law 4624/2019 (“Data Protection Law”), which entered into force on 29 August 2019.
(b) Relevant legislation includes:
(c) What is the status of national pre-GDPR data protection law?
The main piece of legislation that governed the processing of personal data before the entry into force of the GDPR was Law 2472/1997, which has been repealed with the exception of a few provisions that remain in force. These provisions mainly refer to the registry, which is retained by the Greek DPA, which defines some terms and provides rules in relation to the establishment and operation of the DPA including which individuals may register to stop receiving marketing materials by post.
Does national law make specific rules regarding the processing of personal data of deceased persons?
There are no specific rules governing this issue.
(a) Does national law make specific rules regarding the processing of personal data in compliance with a legal obligation?
The Data Protection Law includes specific rules regarding the processing of personal data in compliance with a legal obligation in the following cases:
(b) Does national law make specific rules regarding the processing of personal data for the performance of tasks carried out in the public interest?
The Data Protection Law includes a significant number of provisions governing the processing of personal data for the performance of tasks carried out in the public interest:
(c) Does national law make specific rules regarding the processing of personal data in the exercise of official authority vested in the controller?
The Data Protection Law includes a significant number of provisions governing the processing of personal data in the exercise of official authority vested in the controller (see Q3(b) above).
(d) Does national law contain criteria in addition to those listed in the GDPR, to determine whether processing for a new purpose is compatible with the purpose for which the personal data were initially collected?
There are separate rules for public bodies and private entities:
At what age can a child give their consent to processing in relation to ISS?
15 years of age.
(a) Are there any sensitive personal data which cannot be processed on the basis of a data subject’s consent?
The processing of genetic data for health and life insurance purposes is prohibited.
b) Does national law contain any specific requirements regarding the processing of sensitive personal data in respect of the following:
(i) Employment, social security and/or social protection law
The processing of sensitive personal data is permitted when, among other things, it is necessary for the exercise of rights of social security and social welfare and the fulfilment of similar obligations. In an employment context, the processing of sensitive personal data is permitted when, among other things, such processing is necessary for compliance with employment law and social security law obligations.
(ii) Substantial public interest
The processing of sensitive personal data by a public body is permitted when it is essential for reasons of substantial public interest.
(iii) Preventative or occupational medicine; employee working capacity, medical diagnosis, provision of health or social care, or management of health or social care systems or services
There are no specific rules on processing this category of data.
(iv) Public interest in the area of public health
The processing of sensitive personal data is permitted when the processing is necessary for reasons of public interest in the area of public health.
(v) Archiving purposes, scientific or historical research purposes or statistical purposes
The processing of sensitive personal data for archiving purposes in the public interest is expressly permitted, and processing for scientific or historical research purposes and for statistical purposes is permitted without the consent of the data subject, provided that the interest of the data controller overrides the interest of the data subject.
(c) Has national law introduced any further conditions and/ or limitations with regard to the processing of genetic data, biometric data, or health data?
The only provision explicitly dealing with the processing of genetic data stipulates that the processing of genetic data for health and life insurance purposes is prohibited.
Under what conditions does national law permit the processing of personal data relating to criminal convictions?
(a) Does national law specify exemptions to a data subject’s right to erasure?
The right of erasure does not apply in the following scenarios:
Additionally, the right of erasure does not apply when the processing is conducted in the context of freedom of expression.
(b) Does national law specify exemptions to a data subject’s right to be provided information under Art. 14 GDPR where the personal data has not been obtained from the data subject?
A data subject’s right to be provided information does not apply in the following circumstances:
(c) Does national law specify exemptions to a data subject’s right to not be subject to a decision based solely on automated processing, including profiling?
The only exemption which is established in the Data Protection Law as regards the data subject’s right to not be subject to a decision based solely on automated processing, including profiling, is when the processing is conducted in the context of freedom of expression, including for purposes of academic, journalistic, artistic or literary expression.
Aside from the exemptions noted in Q7, does national law contain any other restrictions on the rights of data subjects under Chapter III GDPR?
There is a general exemption of the data subject’s right when processing is conducted in the context of freedom of expression, including for purposes of academic, journalistic, artistic or literary expression.
Does national law provide rules or guidance on the apportionment of responsibility between joint controllers?
There are no additional rules on apportionment of liability between joint controllers.
In addition to the contract between controller and processor, are there any pieces of legislation which govern processing by a processor?
There are no additional pieces of legislation that apply in general.
Are there any circumstances in which national law requires an Impact Assessment to be carried out, where the GDPR would not otherwise require such an assessment?
Impact Assessments are only required in accordance with the provisions of the GDPR.
Are there any circumstances in which national law requires controllers to consult with, or obtain prior authorisation from, the DPA in relation to processing for the performance of a task carried out by the controller in the public interest (including processing in relation to social protection and public health)?
Prior authorisation from the DPA is only required in accordance with the provisions of the GDPR.
(a) Does national law require controllers to appoint a DPO in circumstances other than those in Art. 37(1) GDPR?
DPOs are only mandatory in the circumstances set out in Art. 37(1) GDPR.
(b) Does national law impose secrecy and confidentiality obligations on DPOs and if so, in what circumstances do they apply?
DPOs of public bodies are under the obligation to keep the identity of the data subjects and any other information relating to them confidential, unless data subjects themselves make their personal data publicly available.
(a) Does national law make specific rules about transfers of personal data from public registers?
Data transfers from public registers are not subject to specific rules.
(b) Does national law restrict the transfer of specific categories of personal data to third countries?
Data transfers are not subject to restrictions beyond those set out in the GDPR.
(a) Details of the DPA(s).
(b) If more than one national DPA has been established, what is the rationale behind multiple DPAs?
Not applicable as there is only one DPA.
(c) How does national law ensure consistent application of the GDPR by the various DPAs in accordance with Art. 63 GDPR?
(d) Does national law grant the relevant DPA additional powers beyond those set out in Art. 58 GDPR?
The law in Greece grants the DPAs the following additional powers:
(e) What national appeals process exists to enable parties to challenge the decisions of the DPA?
Subject to fulfilling certain conditions, any natural person or legal entity has the right to lodge an application for an annulment of a decision or a right to make a complaint on grounds of an omission by the DPA.
(f) Have specific national rules been adopted regarding the DPA’s power to obtain information from controllers or processors that are subject to obligations of professional secrecy (or equivalent)?
While conducting audits, the DPA has the right to access all personal data that are being processed and obtain all information required for the purposes of the investigation and performance of its duties. That right is not subject to objections on grounds of confidentiality or secrecy, except in cases of identification data stored for national security purposes or detection of serious crimes.
Does national law specify any not-for-profit bodies that are entitled to bring claims on behalf of individuals without the specific mandate of those individuals?
There are no not-for-profit bodies that are specifically mandated to bring such claims.
(a) Does national law lay down rules on whether and to what extent administrative fines may be imposed on public authorities for breaches of the GDPR?
The DPA can impose fines on public authorities up to €10 million. In imposing fines, the DPA must consider:
(b) Does national law impose penalties/sanctions in addition to those set out in the GDPR, for breaches of the GDPR not subject to administrative fines (e.g., criminal penalties)?
The following additional penalties/sanctions are available:
(a) What (if anything) does national law do to balance the provisions of the GDPR against the right to freedom of expression and information?
The processing of personal data for academic, artistic or literary expression and journalistic purposes is permitted in the following circumstances:
In all of the abovementioned cases the processing of personal data, especially the processing of sensitive personal data, is limited to what is strictly necessary.
Chapters II-V, VII & IX, except for Arts. 5, 28-29 & 32 GDPR, do not apply where personal data are processed for the above purposes.
(b) What derogations have been introduced by national law concerning the processing of personal data for the purpose of academic, artistic or literary expression?
See Q17(a) above.
Does national law stipulate specific conditions for the processing of a national identification number, and if so, what are the conditions?
There are no specific provisions governing this issue.
(a) For what purposes can employees’ personal data in the employment context be processed under national law?
The following limitations apply to the processing of personal data in the context of employment:
(b) Does national law provide safeguards for employees’ dignity, legitimate interests, and fundamental rights?
See Q19 above.
Are there any other material derogations from, or additions to, the GDPR under national law?
There are no other material derogations.
Are there any current legal challenges (e.g., court cases or regulatory appeals) regarding the validity or operation of the national GDPR implementation law (e.g., claims that the law incorrectly applies the GDPR; claims that the law is incompatible with constitutional principles; etc.)?
There are no current legal challenges ongoing.
Has the local DPA issued any material fines or taken any material enforcement action to date for breaches of the GDPR?
Following a complaint made in 2017 and after conducting an ex officio investigation, the DPA imposed its first monetary fine amounting to €150,000 for unlawful processing of personal data of employees.
Has the DPA issued any significant guidance on the application of the GDPR or national implementation law?
The following guidelines and tools have been published by the DPA: