Διαδικασία άρσης απορρήτου των επικοινωνιών : κριτική αποτίμηση του εθνικού κανονιστικού πλαισίου
Procedure for the lifting of cοmmunications confidentiality : a critical assessment of the national regulatory framework

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Άρση απορρήτου των επικοινωνιώνAbstract
This thesis aspires to contribute to the ongoing scientific discourse regarding the right to the confidentiality of communications and the process of lifting it under the light of the current national regulatory framework. After analyzing the background of the right to communication privacy as protected by Article 19 of the Constitution, we will navigate the legislation governing the lifting of confidentiality, with the ultimate goal of understanding the procedure and addressing the thorny issues arising from its practical application.
As will soon become evident, the process of lifting communication confidentiality raises various issues and questions. However, this study will focus on Law 5002/2022, which amended the previously applicable Law 2225/1994 and now constitutes the most modern version of the legislation on lifting communication confidentiality. Specifically, we will analyze the reasons for which the lifting of confidentiality is imposed, the lack of justification in the order to lift confidentiality, and the right of the affected person to be informed. Additionally, we will examine the role of the Hellenic Authority for Communication Security and Privacy.
Beyond the above, this thesis will be enriched with case law from both the European Court of Human Rights and the Council of State, as well as opinions issued by prosecutors within the national legal system.


