According to the ADAE, we will have serious developments in the case of surveillance since the decision of the plenary states to start immediate checks on all mobile telephony providers on the issue.
According to the decision published in Diaugia, the inspections at the facilities of the companies COSMOTE, OTE, VODAFONE and WIND will be carried out under the leadership of Christos Rammos himself. At the same time, it will be investigated whether orders have been issued in the past to remove the confidentiality of the communications of at least four individuals.
According to ADAE, checks will also be carried out "on any other provider of telecommunications services, in any region of Greece, as necessary during the development of the control".
Article 19 par. 2 of the Constitution Article 6 par. 1 para. a and f of Law 3115/2003 (47A), in which it is provided that ADAE conducts audits following complaints, but also ex officio.
Article 3 par. 2 of Law 3051/2002 (Government Gazette A' 220/2002) "Constitutionally enshrined independent authorities, amendment and completion of the recruitment system in the public sector and related regulations", as applicable.
The no. 16887/17.03.16 Decision of the Minister of Justice, Transparency and Human Rights (Government Gazette Y.O.D.D. 151/2016), on the establishment of the Communications Privacy Assurance Authority.
The no. 34051/29.05.18 Decision of the Minister of Justice, Transparency and Human Rights (Government Gazette Y.O.D.D. 326/2018), on the appointment of the President of the Authority for Ensuring the Privacy of Communications, as corrected to the letter by G.O.D. .DD.D.396/2019.
The no. Decision 58347/21.12.20 of the Minister of Justice (Government Gazette YODD 1066/2020), on the appointment of new members to the Authority for Ensuring the Privacy of Communications. The provisions of ADAE Decision 165/2011 ("Regulation for Ensuring the Privacy of Electronic Communications", Official Gazette B' 2715/2011).
Article 5 paragraph 4 of Law 2225/1994 (121A) and already Article 8 paragraph 6 of Law 5002/2022 (228A). The document dated 7.12.2022 of the Chief of the Opposition Officer Al. Tsipras to the President of the Authority.
The existence in the press of a series of publications about the lifting of secrecy through an unspecified way (through procedures legitimate links or through pirated software) named by the name and surname of persons, some of whom hold top public offices.
The imperative need to fulfill the duty with which the ADAE is charged, which consists in guaranteeing that constitutional order is observed in the fundamental and absolutely inviolable right to the confidentiality of communications (Article 19 C) as well as to the Authority's full and effective supervision and assurance that the general legislation related to the protection of the confidentiality of communications is faithfully observed by all the bodies involved in the relevant procedures mentioned in article 6 par. 1 para. a of the aforementioned Law 3115/2003. the proposal with number 361/2022 to the Plenary Assembly of A.D.A.E. the minutes of the 21.12.22 meeting of the Plenary Assembly of A.D.A.E. Decides by majority (with votes of 4 out of 7 members)
1. The establishment of an Audit Team which will go to the facilities of the telecommunications providers OTE SA, COSMOTE SA, Vodafone SA. of Telecommunications and Wind Hellas Telecommunications S.A., as well as to any other provider of telecommunications services, in any region of Greece, as necessary during the course of the audit, in order to check all the relevant records of the providers in question, to ascertain and confirm whether provisions have been issued in the past to lift the confidentiality of communications in relation to telephone communications connections used in the past by a) …., b) …., c) …. and finally d) …. .
2. This Group will consist of the President of the Authority, Christos Rammos, as well as:
Stefanos Gritzali regular member of the Plenary Assembly of the Authority, with alternate member Vassiliki Diamantopoulou alternate member of the Plenary Assembly, Nikolaos Papadaki regular member of the Plenary Assembly of the Authority, with alternate member Nikolaos Androulakakis, alternate member of the Plenary Assembly and Ekaterina Papanikolaou, regular member of the Plenary Assembly of Authority, with Georgios Misailidis as alternate member.
For technique support of the Group, Lambros Raptis, Special Scientific Staff/ADAE, and Vasiliki Tzalavra, Special Scientific Staff, is appointed for its legal support. Lampros Raptis will perform secretarial support duties.
3. The President will send a request to the Leader of the Official Opposition, Alexis Tsipras, in which he will request the enrichment of the question he submitted to the Anti-Corruption Commission on 7.12.2022, with specific phone numbers, related to the above-mentioned public figures and the possibility of declassification of their communication through these numbers.
4. The Audit Team must carry out, as quickly as possible, all the necessary audits to achieve the purpose of its formation. The members Dimitrios Vergados and Georgios Bakalis abstained, who voted against the no. 361/2022 proposal while the Vice President of the Authority Michael Sakkas abstained from the vote. Judged and decided on 21.12.2022.
