Today, Homo Digitalis’ Legal & Policy Team submitted its comments in the context of the Ministry of Justice’s open consultation on the draft law entitled “Procedure for the lifting of the confidentiality of communications, cybersecurity and protection of citizens’ personal data”
Homo Digitalis welcomes the submission of the present draft of the Draft Law on the Protection of Privacy and Security of Personal Data. Law to regulate the procedure for lifting the confidentiality of communications, including the restructuring of the National Intelligence Service (NIS) and the criminalization of the trade, possession and use of prohibited surveillance software in Chapters B to E of the old draft law. The issues of lifting the confidentiality of communications need clarification to ensure the validity of the procedure and to guarantee the constitutionally guaranteed right to confidentiality of communications (see Article 19 of the Constitution). Although the Bill presents a limited number of positive elements, it is rife with a number of problematic provisions, which we highlight in our comments, and the institutional omission of the inclusion of the DPAA in the legislative process poses significant challenges. Homo Digitalis urges the Ministry of Justice to take seriously the relevant comments of the DPAA on the provisions of this Sect. Law, as posted on its website and in this public consultation. Homo Digitalis drafts these comments in their entirety.
Homo Digitalis also welcomes the amendment of the national regulations for the transposition of Directive 2016/680 in Law 4624/2019 in Chapter F of this Law, which is a consequence of the submission of a relevant complaint before the European Commission by Homo Digitalis in October 2019, and the relevant consultations initiated by the Commission with the Greek State. This revision, although after the expiry of the compliance date set by the European Commission for the Greek State (June 2022), ensures compliance with European Law and safeguards the constitutionally guaranteed right to the protection of personal data (see Article 9A of the Constitution).
You can read all our comments in detail on the Public Consultation website or here.