Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations

This chapter addresses data protection in Greece. Section 5.1 provides an overview of case law of the Supreme Administrative Court and the Supreme Civil and Criminal Court, but also national laws and the Constitution of Greece. Section 5.2 studies core concepts, such as “control” and “consent”, to d...

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Main Authors: Bouchagiar, Georgios, Koutras, Nikos
Other Authors: Elif Kiesow Cortez
Format: Book Chapter
Language:English
Published: Springer 2020
Online Access:http://hdl.handle.net/20.500.11937/90672
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author Bouchagiar, Georgios
Koutras, Nikos
author2 Elif Kiesow Cortez
author_facet Elif Kiesow Cortez
Bouchagiar, Georgios
Koutras, Nikos
author_sort Bouchagiar, Georgios
building Curtin Institutional Repository
collection Online Access
description This chapter addresses data protection in Greece. Section 5.1 provides an overview of case law of the Supreme Administrative Court and the Supreme Civil and Criminal Court, but also national laws and the Constitution of Greece. Section 5.2 studies core concepts, such as “control” and “consent”, to detect similarities and differences between the General Data Protection Regulation and Greek law. Section 5.3 examines risks emerging from new technologies to highlight ignorance and confusion with which people may experience their everyday privacy. Section 5.4 addresses data portability as a trust-enhancing tool that could strengthen controllership and promote transparency in the interests of the data subjects. Greek regulations treat the right to the protection of personal data as a fundamental one, while national courts have repeatedly interpreted this right in relation to constitutional principles, under which attention is drawn to the data subject rather than the data processor. However, lengthy administrative and judicial procedures could become an obstacle, while exercising such constitutional rights. Hence, individuals may need to wait for a more-than-a-ten-year-period to get vindicated after severe violations of their sensitive information. Even though the right to the protection of personal data is an aspect of the traditional “offline” right to privacy, today’s digital technologies have also “become subject” to courts’ interpretations. In this chapter, personal data case law is examined, and, simultaneously, references are made to current national laws and the Constitution of Greece. By providing a general image of present-day regulations, this chapter aims to detect ways in which national courts interpret some crucial provisions.
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spelling curtin-20.500.11937-906722023-07-04T02:49:16Z Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations Bouchagiar, Georgios Koutras, Nikos Elif Kiesow Cortez This chapter addresses data protection in Greece. Section 5.1 provides an overview of case law of the Supreme Administrative Court and the Supreme Civil and Criminal Court, but also national laws and the Constitution of Greece. Section 5.2 studies core concepts, such as “control” and “consent”, to detect similarities and differences between the General Data Protection Regulation and Greek law. Section 5.3 examines risks emerging from new technologies to highlight ignorance and confusion with which people may experience their everyday privacy. Section 5.4 addresses data portability as a trust-enhancing tool that could strengthen controllership and promote transparency in the interests of the data subjects. Greek regulations treat the right to the protection of personal data as a fundamental one, while national courts have repeatedly interpreted this right in relation to constitutional principles, under which attention is drawn to the data subject rather than the data processor. However, lengthy administrative and judicial procedures could become an obstacle, while exercising such constitutional rights. Hence, individuals may need to wait for a more-than-a-ten-year-period to get vindicated after severe violations of their sensitive information. Even though the right to the protection of personal data is an aspect of the traditional “offline” right to privacy, today’s digital technologies have also “become subject” to courts’ interpretations. In this chapter, personal data case law is examined, and, simultaneously, references are made to current national laws and the Constitution of Greece. By providing a general image of present-day regulations, this chapter aims to detect ways in which national courts interpret some crucial provisions. 2020 Book Chapter http://hdl.handle.net/20.500.11937/90672 10.1007/978-94-6265-407-5_5 English Springer restricted
spellingShingle Bouchagiar, Georgios
Koutras, Nikos
Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations
title Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations
title_full Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations
title_fullStr Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations
title_full_unstemmed Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations
title_short Current Data Protection Regulations and Case Law in Greece: Cash as Personal Data, Lengthy Procedures, and Technologies Subjected to Courts’ Interpretations
title_sort current data protection regulations and case law in greece: cash as personal data, lengthy procedures, and technologies subjected to courts’ interpretations
url http://hdl.handle.net/20.500.11937/90672