On 30 May 2019, EDRi observer Homo Digitalis filed a complaint to the European Commission against a breach of EU data protection law by Greece. The European Commission registered the complaint under the reference number CHAP(2019)01564 on 6 June 2019, and its services will assess the complaint and provide a reply within 12 months.
Homo Digitalis claims that Greece has breached Article 63, paragraph 1 of the Directive 2016/680, also knows as the Law Enforcement Directive (LED). According to this Article, Member States shall adopt and publish by 6 May 2018, the laws, regulations and administrative provisions necessary to comply with the LED. However, the Greek State has not published any national law in this regard, and more than one year after the above-mentioned deadline, it has not applied any related provisions.
The provisions of the LED are intended to cover all personal data processing undertaken for law enforcement (police and criminal justice) purposes, regardless of whether the processing takes place within or across national borders. In this way, the Framework Decision 2008/977/JHA’s most basic restriction is finally lifted and law enforcement authorities within the EU have to implement the LED’s provisions into their everyday personal data processing activities. Therefore, a Greek national law implementing the provisions of the LED is crucial for ensuring a consistent and high level of protection of people’s data when those are processed for the prevention, investigation, detection, and prosecution of criminal offenses.
Since Greece has not respected the deadline that the EU regulator has set, it fails to meet EU requirements related to the strengthening of the rights of data subjects and of the obligations of those who process personal data. It also fails to provide equivalent powers for monitoring and ensuring compliance with the data protection rules in Greece. Before submitting the complaint, Homo Digitalis had proceeded to a number of actions at national level.
In the complaint, Homo Digitalis also underlines shortcomings related to the enforcement of the General Data Protection Regulation (GDPR). Despite the fact that the provisions of the GDPR are binding in their entirety and directly applicable in all Member States since 25 May 2018, the Greek State has not published a national law enforcing GDPR’s provisions in national law until today. This is very troublesome, especially considering that EU legislators have left many important measures to the discretion of the Members States, such as rules regulating the processing of genetic data, biometric data or data concerning health (Article 9); or the protection of employees’ personal data in the context of employment (Article 88), for example.
Homo Digitalis’ complaint (30.05.2019)
European Commission’s official receipt (06.06.2019)
Homo Digitalis files a complaint to the European Commission against a breach of EU data protection law by Greece (only in Greek, 30.05.2019)
(Contribution by Eleftherios Chelioudakis, EDRi observer Homo Digitalis, Greece)