Παρακάτω μπορείτε να διαβάσετε το Νόμο για τα δεδομένα προσωπικού χαρακτήρα, που ισχύει στην Greece. Αν διαβάσετε το παρακάτω κείμενο, θα σας είναι ξεκάθαρο, ότι τα δεδομένα συλλέγονται από τους πάροχους υπηρεσιών επικοινωνίας, και μπορούν υποβληθούν σε επεξεργασία από τους ίδιους ή φυσικά τις αρμόδιες Αρχές.
Data is retained in providers' databases for 12 months after the date of communication.
The important thing to note is that the collection of personal data only concerns call metadata and e-mail, that is, telephone number, time of call, duration, location, and not the call or the e-mail itself.
So, according to the following, we are impressed, as long as the content of the calls is not collected, how many conversations have leaked from time to time?
According to the Personal Data Protection Authority, personal data are subject to a series of laws and regulations, both in conjunction with European countries for the reporting and drafting of legislative lines, and with the oversight of the Greek legislator.
The protection of the rights of personality and the private life of the individual in Greece, in accordance with the provisions of Laws 2472/1997 and 3471/2006, is the mission of the mentioned authority, providing for the illegal processing of the citizen's personal data as well as the assistance to him in any case established infringement of his relative rights in each business sector (financial, health, insurance, education, public administration, transport, media, etc.).
LAW OF THE MINISTRY NO. 3917 / 2011 Retention of data produced or processed in connection with the provision of publicly available electronic communications services or public communications networks, use of surveillance systems with the reception or recording of audio or video in public places and related provisions.
Article 1 - Subject matter and scope (Directive 2006/24 / EC)
- 1. Providers of publicly available electronic communications services or public communications networks shall be required to retain the data of Article 5 generated or processed by them in order to make such data available to the competent authorities for the identification of particularly serious crimes such as those are defined in Article 4 of Law 2225 / 1994 (Government Gazette 121 A ').
- 2.The provisions of this chapter apply to traffic and location data of natural and legal persons and associated data required to identify the subscriber or registered user. They do not apply to the content of electronic communications.
Article 2 - Definitions (Directive 2006/24 / EC)
- 1.For the purposes of this Chapter, the definitions of Article 2 of Law 3471 / 2006 (133 A), Article 2 of Law 3431 / 2006 (Government Gazette 13 A) and Article 2 of Law 2472 / 1997 (Government Gazette 50 A).
- 2.For the purposes of this Chapter, the following definitions shall apply:
- "Data" means the traffic and location data and related data necessary for the identification of the subscriber or user
- "User" means any natural or legal person who uses a publicly available electronic communications service, for private or commercial purposes, without necessarily being a subscriber to that service;
- “telephone service”: calls, supplementary services, messaging and multimedia services
- "User ID" means the unique identifier assigned to each person when he or she becomes a subscriber or subscribes to an Internet access or Internet communication service.
- "Cell ID" means the identity of the cell from which a specific mobile phone call begins or ends
- "unsuccessful call": a call in which a connection to the destination number is achieved, but the call remains unanswered or an intervention is noted managementof the network.
Article 3 - Obligations of data retention providers (Directive 2006/24 / EC)
- 1. By way of derogation from the relevant provisions of Law 3471 / 2006, providers of publicly available electronic communications services or public communications network shall be required to retain the data of Article 5 when produced or processed by them in the provision of communications services .
- 2. The data retention obligation of paragraph 1 also includes the retention of unsuccessful calls in the 5 article when produced or processed or stored or recorded by the providers.
- 3. It is forbidden to retain data that reveals the content of the communications.
Article 4 - Access to data (Directive 2006/24 / EC)
Article 5 data is provided only to the competent authorities, in accordance with the procedure, conditions and terms of access set forth in 2225 / 1994.
Article 5 - Categories of retained data (Directive 2006/24 / EC)
The following data categories are retained:
- 1) Data needed to detect and identify the source of communication:
- a. with regard to fixed-line telephony and mobile telephony:
- the caller's phone number,
- the name and address of the subscriber or registered user
- b. as regards internet access and e-mail and telephony services over the Internet:
- the assigned user ID,
- the user ID and the telephone number given to each communication entering the public telephone network,
- the name and address of the subscriber or registered user to whom the IP address, user ID or telephone number
- a. with regard to fixed-line telephony and mobile telephony:
- 2) data necessary to determine the destination of the communication:
- a. with regard to fixed-line telephony and mobile telephony:
- the called number or numbers (the number (s) dialed), in cases where additional services such as call forwarding / diverting, the number or telephone numbers to which the call was forwarded,
- the names and addresses of subscribers or registered users
- b. in respect of e-mail and telephony services over the Internet:
- the name and address of the subscriber or registered user and the user ID of the recipient of the communication,
- the user ID or phone number of the recipient of an internet phone call
- a. with regard to fixed-line telephony and mobile telephony:
- 3) data necessary to determine the date, time and duration of the communication:
- a. with regard to fixed network and mobile telephony, the date and time of commencement and termination of communication
- b. as regards internet access and e-mail and telephony services over the Internet:
- the date and time to log in and out of the internet based on a particular time zone, and the Internet Protocol (IP) address, whether dynamic or static, that the Internet Service Provider has provided to the communication, as well as the user ID subscriber or registered user,
- the date and time to log in and disconnect from the e-mail or internet telephony service based on a specific time zone
- 4) data necessary to determine the type of communication:
- a. with regard to fixed-line telephony and mobile telephony: the telephone service used
- b. with regard to e-mail and Internet telephony services: the Internet service used
- 5) data necessary for the identification of the communication equipment of users or their alleged communication equipment:
- a. with regard to fixed line telephony, caller and caller telephone numbers
- b. with regard to mobile telephony:
- caller and caller telephone numbers,
- the caller's international mobile subscriber identity (IMSI)
- the caller's international ID of mobile equipment (IMEI)
- the IMSI of the called,
- the IMMI of the called,
- in the case of prepaid anonymous services, the date and time of the original activationof the service and the location code (cell ID code) from which the activation took place
- c. as regards internet access and e-mail and telephony services over the Internet:
- the caller's phone number for access by telephone,
- the digital subscriber line (DSL) or other end of the source of communication
- 6) data necessary to determine the location of the mobile communication equipment:
- a. the position code (cell ID) at the beginning and end of the communication
- b. data identifying the location of the cells based on location codes (cell IDs) during the time period for which the communications data is maintained.
Article 6 - Place and duration of conservation (Articles 6 and 7 (d) of Directive 2006/24 / EC)
"The data of Article 5, produced or processed under the applicable legislation, shall be stored without undue delay for the purposes of this Chapter in physical means which are exclusively within the boundaries of the Greek Territory, within which they are kept for purposes of this Chapter for 12 months from the date of the communication. The maintenance and transmission of the 5 data shall be in accordance with the conditions laid down in Articles 7 and 8. "(*) Data shall be destroyed at the end of the retention period by an automated procedure by the provider except those acquired legally access. The latter, if the above 12 month deadline has passed, shall be destroyed by the Provider within 10 days of notification to the relevant authority of the relevant institution as defined in paragraphs 4, 5 and 6 of Article 4 of n. 2225 / 1994, when the reasons for the access to the data were terminated.
(*) - The first paragraph of Article 6 has been replaced as above by Article 96 v. 4139 / 2013 (Government Gazette A 74 / 20.3.2013).
Article 7 - Obligations of providers regarding data protection and security (points a` to c` of Directive 2006/24 / EC)
- 1. Without prejudice to the provisions on the protection of personal data and the confidentiality of communications, the following security principles shall apply to data held in accordance with the provisions hereof by providers of publicly available electronic communications services or public communications networks:
- (a) the retained data is of the same quality and has the same protection and security as the data contained in the network
- (b) appropriate technical and organizational measures are taken to protect data against accidental or unlawful destruction or accidental loss, alteration, unauthorized or unauthorized storage, processing, access or disclosure
- (c) appropriate technical and organizational measures are taken to ensure that only specific authorized personnel have access to the data.
- 2. Providers of publicly available electronic communications services or public communications network shall be required to establish and implement a specific security policy plan on the means, methods and measures that ensure compliance with the principles of paragraph 1. The implementation of this plan is entrusted by the provider to an authorized person appointed as a Data Security Officer. By a joint act of the Personal Data Protection Authority (APIA) and the Communications Security Authority (ADAE), issued within three months of the commencement of this Act shall determine any matter relating to the procedure and the manner of application of the provisions of this Article.
Article 8 - Method of retention and transmission of data (Directive 2006/24 / EC)
- 1. A provider of publicly available electronic communications services or a public communications network shall keep the data in Article 5 in a way that allows him to process them electronically and transmit them no later than five working days after the notification of the access order data issued by the competent authority as defined in paragraphs 4, 5 and 6 of Article 4 of Law 2225 / 1994. The above data are transmitted in accordance with the procedure set forth in Article 4 hereof.
- 2. By an ADAE regulation, issued within three months from the entry into force of this law, any matter relating to the specific safety principles, procedure and manner of application of the provisions of paragraph 1 shall be determined.
Article 9 - Supervisory Authorities (Directive 2006/24 / EC)
Unless otherwise specified in this chapter: (a) ADAE; has, in compliance with its provisions, the competences provided by Law 3115 / 2003 (Government Gazette 47 A), b) APRC has, in compliance with its provisions, the powers provided for in Law 2472 / 1997.
Article 10 - Statistics (Directive 2006/24 / EC)
- 1. In January of each year ADAE forward to the European Commission, through the Minister for Justice, Transparency and Human Rights, the following statistics for the previous calendar year:
- (a) the cases in which information was provided to the competent authorities
- (b) the period between the date of the retention date and the date of submission of the request by the competent authority for the transmission of the data
- (c) the cases in which requests for data were not met.
- 2. The statistics in paragraph 1 do not include personal data.
Information from Wikibooks
