Filed today 28.7.22 by K.O. of the SYRIZA-PS amendment on “Restoration and strengthening of the authority of the Communications Privacy Assurance Authority and protection of citizens against de-privacy procedures” to the S/N of the Ministry of Environment.
With this amendment, SYRIZA-PS requests that the monitored person be informed after the end of his monitoring by the competent authority (ADAE).
As the Parliamentary Representative S. Famellos pointed out during his presentation, this amendment is an opportunity for the government to prove whether it has something to hide or not.
The full text of the submitted Amendment follows
AMENDMENT – ADDITION
In the Draft Law of the Ministry of Environment and Energy entitled:
“Provisions for the simplification of environmental licensing, establishing a framework for the development of Offshore Wind Farms, dealing with the energy crisis, environmental protection and other provisions”
SUBJECT: “Restoration and strengthening of the authority of the Communications Privacy Assurance Authority and protection of citizens against declassification procedures”.
A. EXPLANATORY STATEMENT
With an extraordinary amendment, the regulation of article 87 of Law 4790/2021 was introduced into the Greek legal order. With this, the authority of the Communications Privacy Assurance Authority (ADAE) to notify the adoption of the measure of the removal of privacy, after its expiry, was abolished absolutely and in any case, even if the purpose for which it was ordered is not compromised, in the cases where the it was taken on the grounds of national security (Article 3 of Law 2225/1994).
The provision has been criticized as incompatible with article 19 par. 1 of the Constitution (protection of privacy of communications), with article 8 of the ECHR (right to respect for private and family life) and with article 7 of the EU Charter of Fundamental Rights (respect private and family life). As emphasized in an article co-signed by the current President of ADAE and honorary Vice-President of the Council of Ministers, the disclosure resulting from the removal of confidentiality, under the conditions of the law, “is directly and inextricably linked to the possibility of exercising remedies and means, in order to defend his rights and legal interests against any illegal, or abusive and disproportionate use of the measure to his detriment‧ use that amounts to a violation of his right to the protection of his private life” (see Chr. Rammos /St Gritzalis / Attorney Papanikolaou, Contradiction of Article 87 of Law 4790/2021 to the guarantees of the ECHR for safeguarding the privacy of communications, in www.constitutionalism.grentry 04/07/2021).
From the case law of the ECtHR, it emerges, after all, that similar violations have been committed by states such as Russia, Hungary, etc., precisely because there was no legislative possibility of incidental notification to the victim that he had been monitored (see related Roman Zakharov v. Russia , 04/12/2015, Szabo and Vissy v. Hungary, 12/01/2016).
The reinstatement and improvement of the existing legislative framework, which established a higher degree of safeguards during the declassification process carried out by state authorities for reasons of national security, is absolutely imperative. Already, surveillance has been denounced in the public sphere, either by government authorities or by individuals who own surveillance equipment and software. The Hellenic Republic itself cannot appear to be submissive in relation to the framework that protected the rights of citizens in this field and at the same time tolerate the related activity of illegal surveillance. The institutional restoration of the competence of the National Anti-Corruption Commission, if combined with the parallel investigation of private surveillance cases, will be able to really strengthen the framework for the protection of citizens’ rights and shield the state and political bodies (parties and other bodies) from actions that undermine it . The abundance of complaints recently by journalists and by a political leader of a parliamentary party is a warning bell in relation to the climate and environment that has been formed today, under the governance of the New Democracy, for the rights of citizens and for the free exercise of political function .
B. AMENDMENT – ADDITION
Article ….
1. Article 87 of Law 4790/2021 is repealed from the time of its entry into force and paragraph 9 of Article 5 of Law 2225/1994 is replaced as follows:
“After the end of the measure of removal, the ADAE shall notify the affected parties of the imposition of the measure, unless it reasonably considers that the purpose for which it was ordered is at stake. Especially, in the cases of article 4, the ADAE may decide under the conditions of the previous paragraph, with the consent of the Prosecutor of the Supreme Court.
The data collected or seized and the material recorded or recorded in execution of the provision for the lifting of confidentiality in the event of detection of crimes, in accordance with article 4, are attached to the case file, if they constitute evidence for the criminal prosecution at the discretion of the authority that issued the order.
In the cases of paragraphs 1a and 1c of article 4 and paragraph g of paragraph 3 of article 36 of Law 4443/2016 (Α΄232) these data are additionally used during the administrative procedure to establish the violation of articles 3 to 7, 29 and 30 of Law 3340/2005 (Α΄112), of article 93a of Law 4099/2012 (Α΄250), as well as the provisions of items (a) and (b) of the article 14 and article 15 of Regulation (EU) 596/2014 of the European Parliament and of the Council of April 16, 2014 on market abuse (Regulation on market abuse) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (L 173) and are attached to the relevant file during the proceedings before the administrative courts.
Otherwise they are returned to their owner, as long as it has been decided to notify the measure. If this is not the case, they are destroyed before the authority that issued the order and a report on the destruction is drawn up. The material that is not related to the reason for imposing the measure is compulsorily destroyed.
2. The regulation of the previous paragraph covers all cases of removal of confidentiality that took place before the entry into force of this, even if they were carried out under the force of Article 87 of Law 4790/2021.
Athens, 28/07/2022
The proposing MPs
Famous Socrates
Kafantari Haroula
Gerovasili Olga
George Katrougalos
Sit down Marios
Dear Anastasia
Source: Capital
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