Mass surveillance of electronic communications metadata
The Greek law on retention of electronic communications metadata (Law 3917/2011) was not revised following a ruling from the Court of Justice of the European Union (CJEU) invalidating the EU Data Retention Directive (Directive 2006/24) as disproportionate in 2014, plus additional clarifications in 2016 and 2020.
Believing there is a high probability that Law 3917/2011 is not in compliance with the EU Charter of Fundamental Rights and the Greek Constitution, Homo Digitalis has unsuccessfully been pushing for a revision since 2019 to ensure adequate human rights protections. More precisely, in July 2019 Homo Digitalis revealed that the special committee of the Hellenic Ministry of Justice (that was tasked to revise Law 3917/2011 back in 2014) did not produce any work and it had terminated its activities. Moreover, in August 2019 Homo Digitalis filed a legal complaint before the Hellenic Data Protection Authority (DPA) on this matter, but the DPA has not come up with a decision yet. Homo Digitalis are now preparing a strategy to challenge the data retention framework before the courts in Greece. The goal of litigation will be to change or annul the provisions that allow for mass surveillance of electronic communications metadata.
Mass surveillance of electronic communications metadata
Organisation Name
Homo Digitalis
Country/Jurisdiction
Greece
Amount Granted
EUR 16,840
Current Status
Ongoing
Grant type
Pre-litigation Research Support
Description
The Greek law on retention of electronic communications metadata (Law 3917/2011) was not revised following a ruling from the Court of Justice of the European Union (CJEU) invalidating the EU Data Retention Directive (Directive 2006/24) as disproportionate in 2014, plus additional clarifications in 2016 and 2020.
Believing there is a high probability that Law 3917/2011 is not in compliance with the EU Charter of Fundamental Rights and the Greek Constitution, Homo Digitalis has unsuccessfully been pushing for a revision since 2019 to ensure adequate human rights protections. More precisely, in July 2019 Homo Digitalis revealed that the special committee of the Hellenic Ministry of Justice (that was tasked to revise Law 3917/2011 back in 2014) did not produce any work and it had terminated its activities. Moreover, in August 2019 Homo Digitalis filed a legal complaint before the Hellenic Data Protection Authority (DPA) on this matter, but the DPA has not come up with a decision yet.
Homo Digitalis are now preparing a strategy to challenge the data retention framework before the courts in Greece. The goal of litigation will be to change or annul the provisions that allow for mass surveillance of electronic communications metadata.
"The Greek law on retention of electronic communications metadata (Law 3917/2011) was not revised following a ruling from the Court of Justice of the European Union (CJEU) invalidating the EU Data Retention Directive"
Strategic Goal
To safeguard the rights and freedoms of more than 14 million people living in Greece from mass surveillance