Η προστασία των προσωπικών δεδομένων ως μέσο περιορισμού της δράσης και του ελέγχου της Δημόσιας Διοίκησης

Abstract

The provisions of the Law 2472/1997 and most recently the General Data Protection Regulation (GDPR) and the Law 4624/2019 aim to ensure the protection of personal data in Greek Public Administration. This paper, based on the above-mentioned provisions, presents firstly the limitations that are placed in the action of Public Administration through the obligations which bind the power of the administrative bodies. In particular, it analyses the obligations which are enforced to the regulatory action of the Administration (with the necessity of the protection of data by design and by default), the obligation of providing consent so as data processing to be within the Law, as well as the demand of accountability, an aspect of which is conducting Data Protection Impact Assessment. Additionally, it is examined the limitation of the control of the administrative action due to the protection of personal data through the Decisions and Opinions of the Data Protection Authority and the Legal Council of the State regarding situations relating to the access of citizens to the public files, the promulgation and publication of Administrative acts (publication of results regarding the personnel selection for the public or the wider public sector and publication of Presidential Decrees of pardons) and the exercise of Parliamentary Control.